The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-27

motion recently made before Judge Choatc,
10 The United States District Court In the
United States against a quantity OF tobacco at No.
Ri Washington street, being the celebrated suit
against Christian II. Lilienthai whose tobacco lac
,ory was condemned by the final decision. On tho
petition OF James dwell = motion was made to set
aside tho judgment and stay execution against the
petitioner The claimant, NJ Liiienthai, gave stipu-
lation Tor valce with Dwell one Of his suretcs
In The sum OF Sl04, 900. Tho stipulation was in the
proctor Tor the claimants, TO whom notice
OF the order decree Of this Court o
decree lhis Cour. being the plaintiff the claim
ant took the case by writ of the Circuit
Court, and gave his own personal bona The OF
error, which was approved by the Judge the USUAL
form. Lilienthal was beaten on the appeal In ee
Circuit Court, and then took the TO the Supreme
Court VI the United States CIV ing his personal bond
without security, which was approved Gu hEal Jucg
mcnt being obtaiued against tue claimant notice
gwen TO the stiruators 10 perform their stipuation-,
or show cause why execution should not issue
against them, the notice not, however, beng sent 10
Stephens out 10 other proctors tor the CLAIMANT who
haG been substituted IN the and who carried
the defence oiwsii haa arranged these PROF.
tors should notify HIM OF the entry oi the decree,
they Iaico 10 monty him, they had agreed do.
nor aid they themselves attend upon tho return OF
tue order 10 show cause, and judgment was gwen
against tho stipuator aud execut ION Issued Dwell
moved 10 open the default, but Juoge Cnoate's
opinion, gwen yesterday denies the MOTION holding
that the surely shows no meriIorious grounds On
wuicb even II the uefaut were opened he could re-
tsase himself from the ooignton OF The oond
LAWYER CALDWELL'S ARREST.
II mas already appeared in the HERALD that an
order OF arrest had been issued against Counsellor
Elisha L. Caldwell and mis- wife, at the instance OF
Dexter b BrItton. Mr. Caldwell, who the attor-
ney OF mrs. Copper In procuring divorce from her
HUSBAND arrested while In attendance before cx-
Cnef Justice Barbour the referee In tho proceedings
open tho decree In the divorce case and ut once
gave Da before Sheriff The sun 10 which the
made, however, had relation divorce pro-
ccodings, thccomplAnt oil brltton being merely that
was ousted out Vt the OF rented Iu before
bhe expiration o his term by virtue oil he al
leacs 10 be fraudulent chattel mortgage passing
from ths mother 70 the wife VI Mr.. Cadwcii,
ladies' was party TO the alleged conspiracy. In
Marine Court, Chambers, yesterday y mot on
made IN Dena vi Mr.. Caldwell and his wife 10 have
the orders OF arrest vacated. The moiion made
only tho insuficicncy of the afilayits on
which the orders oil arrest were Issued, also
atldavits made ON the part OF defendants in which
the material statcments on which the orders OF
Was claimed By counsel Tor the attendants
shat the piantn mad been ioreclosed Of all his rights
In the premises by foreclosure OF mortgage the
properly, 10 which ne Was parry; That he had
paid his rent he contracted TO do In hts lease and
being In default liable to be disposscsscd; that
tho 0rdor OF against the wiie oi Mr. Caldwell
unwhrrantcd by law that tho chattei mortgage
Tor valid aud iegai consideration, anu gwen
10 aeiraud any one, and that plnintn had notice OF
Alter lo0g argument ON both Sides Judge
Goepp took the papers, rcseeving his uecision Inc
amount claimed ny pAIntin u 81 100, and tho
OF Nj. CaaweiPs pail ~ 81, co.,