davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-11
OPPOSING JURISDICTIONS.

Judge Van Hoesen yesterday rendered an important
decision, in the matter of Daniel II. Fitzgerald, in
which he discusses the conflict between the federal
courts and the State courts in matters relating to
solvents. Fitzgerald was arrested on the 2lst Of
August, 1875 upon an execution against his person
issued on judgment against him recovered by II. X.
b +. b. Thurber. On the 30h Of August last he was
sdjudicatcd bankrupt on his own petition, and
the 9Th of November last he presented to the Court
of Common Pleas petition praying for his discharge
under article 6. title l, chapter 5. part 3 Revised
Statutes. His application opposed by the Messrs
Thurber. who claimed that he had made an
assignment to the assignee in bankruptcy Of all the
OF his arrest. he cannot possibly comply with the
State law which requires that in order to be dis
charged from arrest he shall assign that very prop
erty for their exclusive benefit Judge Van Hoesen
IN his decision says:-"Under the State law the Thur
bcrs, who caused his arrest in their action
titled to be paid in full out of his property il there
be sufficient for that purpose, but since he made his
assignment IN bankruptcy he has no property which
this Court. 1t is idle for him. therefore. to ask
from State court relief which 1t has
power to give except upon his making an
ocably beyond his control. His property
assigned by him OF his free WILL with view
to his own personal advantage. 1t was assigned in
lawful manner and in conformity with the Bank
ruptcy net; but by his going into bankruptcy there
was AN election on his part to get the benefit of dis
charge from his debts in bankruptcy instead of dis
charge from Imprisonment in the action between
himself and the Thurbers. Having made that cleo
ton he only get such relief the bankruptcy
courts can afford him. He cannot put it out OF his
power to obey the orders of the State courts then
ask that Court to discharge him from inn
prsonnent." Tho Judge holds that Fitz-
gerald may obtain order from the United
states Court annulling the adjudication in
bankruptcy in order to obtain his discharge and
then pursue his bankruptcy proceedings for the
Hoesen says:--"There is irrcconcilable conflict
between the federal system of bankruptcy and the
State insolvcnt laws and the latter are compelled to
yield. When the federal courts lay their hands upon
the property of insolvent 1t is impossible for the
State courts to carry the nsovent laws into
ton. 1t is folly for State court to attempt
part OF the provisions of the State statute af
ter United states court has taken under its exclusive
control the insolvents estate and thus prevented the
carrying out OF other provisions of the statute which
are essential TO thc completeness of the system. Ho
therefore denies the application for discharEo.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-11
SUMMARY OF LAW CASES.

Chief Justice Curtis, of the Superior Court, has
been suffering severely for the past few days from
abscess in his head and in consequence has not been
able to hold court
Frank Blum and Lizzie Blum were married on the
oath Of January 1874 and lived together until the LIST
of March. 1875. The husband has brought
suit for divorce, charging his wife with adultery.
Judge Van Hoesen, in the Court Of Common Pleas,
yesterday referred the case to Adolph NJ. Petshaw.
Mrs Catherine Christal has brought suit in the
Superior Court, against the Mutual Life Insurance
Company, to recover two policies for $40 900 and
So, 900 respectively, the life OF her husband The
pnt Janaapy when the plaintiff SURRENDERED
the policies for two paid up endowment policies of
5000 and 81 200 each. The company when asked to
pay the policies the death OF her husband refused
to do so, claiming that the insured had transferred
them the company in his lifetime. This the plain
tiff denies. and hence the suit
While young man named Christman standing
in q crowd at the of Cliff and Fulton streets,
on the 2cth ut he felt tuggng at his vest pocket
He pursued the person whom he thought to be the
thief who handed the stolen property to an accom-
plice while he escaped The receiver, who proved to
be Frank Murphy, was placed on trial yesterday in
Part / Of the Court of General Sessions and con-
victed and Judge Gldersleeve sent him to the Peni
tertiary for two years and six months
Three years ago Messrs. Samuel Raynor Co., Of
No. 1l5 William street. commenced a suit upon
promissory note against J. l.. r st. John Co., the
makers, and +. II. Dunkinson L. Co., the indorsers.
The defence set up was that the note was accommo-
dation and that there was usury. The case first
tried against Dunkinson Co.. and verdict ordered
for the plaintiffs. This was then set aside and new
trial ordered. When the tried before Judge
Goepp he ordered the jury to bring III verdict for
the defendants. This after consideration, he set
aside and ordered new trial. Then Dunkinson Co.
appealed to the General Term Of the Marine Court.
and they being divided i'll opinion the case went to
the Common Pleas Court The third trial OF the
has just been concluded before Judge McAdam, aud
the jury rendered verdict for Messrs Raynor L. Co.
for the full amount claimed against Messrs. St John
Co. Mr. Charles Harris Phelps, attorney for Messrs.
Raynor II Co., Immediately applied to Chief Justice
DAILY for order, which was granted, sending the
Common Pleas case. on appeal. against Dunkinson &
Co., back to the Marine Court for new trial. to
avoid the strange position Of the same lawsuit being
decided in two different ways by the Court Mr.
ca NS.IIo..r o...,oarod Ears Is,l,r, A. %
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-11

Railroad Company Of General Term reversed
and Judgment on verdict affirmed, with costs
Samuels VS. The Evening Mail observation-disclosures
OF General Term reversed and Judgment on verdict
affirmed with costs.
dustral Savings Bank to yscate an assessment,
Order of the General Term and Special Term reversed
aud assessment vacated with costs.
In the matter of the petition of Cudip to be made
a party plaintiff &C.; Agie Wood Levy
Loeb.-Appeal dismissed, with costs
Cushman Henry.-Remitttnr amended SO that
Judgment for foreclosure and sale be affirmed, but
Judgment as to deficiency reversed. and new trial
ordered Oh that issue.
Easton vs. DISQUALIFICATION to amend remitttur
granted without costs, far forth that 1t shall
pear therein that John Il. Bergen. as respondent,
appeared in person the argument in this Court,
and made argument and submitted points In his own
behalf.
report for grading, &c. Sackett and other streets in
the city of Brooklyn.-Moton for reargunent denied
with SO costs.
Senear VS.. Woods-Motion for reargument denied,
without costs.
Kenyon VS.. The New York Central and Hudson
River Railroad Company.-Motion for reargument
granted. without costs. May be reheard on the same
papers.
MOTIONS.
No. 81. Adam d. Wheelock, assignee and CO.
respondent. Henry NJ. Lee, appellant.-Notion to
amend remittitur. submitted.
Blake and Johnson, respondents, vs. the Lyons
Fellows Manufacturing Company; appeihAnts ITS.
Motion to dismiss appeal Argued by n 9. Moak
for the notion; Walter s. Cowles opposed.
APPEALS FROM ORDERS
No. 3S7. Mary L. Simmonds, appellant, vs. Thomas
NJ. lying, implicated, &C., ACKNOWLEDGEMENTS py
Daniel Daily for appellant; submitted for respondent
No. $50. Mary Wesenan, respondent. VS.. Catherine
Wingrove and others, appellants ARGUED by >. J..
Williams for appellants John L. Lindsay for respon-
dent.
No. 1888. John NJ Wood. respondent zebina X.
Pangborn and Others appellants. by George
L. Comstock for appellants; Erastus Cook for re-
spondent.
GENERAL CALENDAR
No. "a. Hodge Hoppock. Argument resumed
and concluded.
No 1876. The People ex rel Edward J. woolsey. APP
pclant. VS.. The Common Council of Long Island
City, respondent-Argued by John f. Ward for APP
pellant; j. Ralph Burnett for respondent.
No. 1885, The Globe Marble Mills Company, re-
spondent VS.. Patrick H. Quinn, appellant.-Argued
by Daniel Z. Barnard for appellant; Richard OGor-
man for respondent. Case still on.
DAY CALENDAR.
The following is the day calendar for Wednesday,
December 11Nos 1877 1885, 122, 139. 49, 56. la lao.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-11
COMMODORE GARRISON SUED.

In suit brought by ex-Sherif Conner against COM
modorc Garrison there was an argument yesterday
before Judge Barrett at Supreme Court. Special
Term. on demurrer to the complaint, it being con-
tended that it did not state facts sufficient to const
tute cause of action. The original suit brought
by Josiah H. Reid, claiming to be secretary OF the
SANTANA Bay Company to recover for $4,000 stock of
the company subscribed for by Mr. Garrison and
growing out of the suit the issue of an attach
ment, under which the present action was brought.
At trial before Judge Donohue the plaintiff was
allowed to withdraw Juror to amend the COM
plant 1t is commended that Mr.. Garrison was of
the orginators of the company and director. Judge
Barrett took the papers.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-11
SATURDAY NIGHT"

Two Grand Stories
This Week
HIS SECOND wTFEl
A Romance of New York,
And
MIsSINGs
Or, the
Cipher Despstchesi
Also . beautiful
Panel Picture
sMoTHER'S PETS,s
Given Away
With This NumbeA
For sale by
All News Dealers,
Price Six Csrtn {.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-11

SATURDAY NIGHT.~
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SATURDAY NlGHTs
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SATURDAY NIGHTn
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SATURDAY NIGHr's
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i SATURDAY NIGHTS
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24
IN JUSTICES CorKr. CARSON Town.

SNIP, Urmsby County, State Of Nevada, before c. a
Witherel Justice of Peace.
d. Fl. LentZ and P. A. Wagner plaintiffs, We David
SMALL and Rachel Z. SMALL has wife defendant
Notice is hereby given to all holding claiming
liens on that certain piece OF land with the building and
Nevada called and known being the half Of los
number nine 9 and the west half of lot nIber ten QO
i'll block number eleven az Of Currys Division of said
Carson City, being and forming compact piece Of
land, under the Constitution Of the Of Nevada and
under the provisions Of the Act Of the Legislature
State, entitled AN Act iens mechanics and
others and repeal all relation thereto AL
proved March 2 1873 be and appear before said Jus
ticcs Court the 10th DAY OF MAY a D. 1877 at 10
clock said day, and 10 exhibit then and there b
said C0urI the proofs of their said liens
D. H. LENIX J ,,-..s
F. 4. WAGNER, / l'@ri' d's
Carson City, Nevada, April n, SIT lLW3x
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24
NOTICE TO STOCKHOLDERS.

a PPLICATION OF STuChII0LDFBS OF TIRE PA "
N CAKE COAL COMPANY to Remove the Officers Of
said CcmIany.lhe Stockholders Of the Pancake Coal
Company, Corporation Of Nevada, hereby notified
that meeting OF the Stockholders Company will t
held at the Court Room 81 pstric: Of sec
end judicial District E" the St2-c of Nevada ard the
County Of OrHsHN, on SATURDAY, THE EINETEEATH
DAY OF MAY. \. D. 1877, at TEN OCLOCK 4 NJ Of said
day IL consider the removal OF Of said COMPANY
5. II. RIGHT, District udse
April -, 1877 invite
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24

District, State Of Nevada County uf OrTnsby.-lu the
Of the of William Patterson, dertased.-
Upon reading and filing the petition Of Alexander Iepyt
in the above entitled matter praying that decree be made
authorizing ard directing the Of the last will and
testament of said deceased to convey the said Alexander
Lerrrt certain real estate to wit: Lots % and
40 III block forty eight 49, OF Sears Thompson SearS
division Of Carson City Nevada, and that day Of re-
of said Court be appointed for the hearing saIa
petition that due and legal notice Of the tendency OF
said petition and OF the hearing thereof he gwen accord
ng to law and it appearing therefrom that proper cause
therefor exists, it is hereby ordered that SATURDAY,
ULY 18th, 1877 day Of regular tern to wit: Of the
June A H. 1877, term Of this Court at the Courtroom
Of this Court in City, It 10 A day be
appointed the time and place Of the hearing Of said DE-
tton; when ami where all persons interested said ca
tate may appear in the manne~ prescribed by Law CON-
said petition, and that copy If this order be rup
Ihcd least week for four successive weeks before
sad hearing in the MORNISG An EAL newspaper lilb
.ished in Ornsby county, Nevada.
S. VI. WRIGHT.
District Judge Second Judicial District
CarSo" c y, New, June l"th, Js77. ielGw4
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24
ORDINANCE Ne. "a.


Al Ordinance t. Abolish Opium smoking Dens
The Board o Trustees Of Carson City do orIlan:
Section !. No person shall within the hTn,s
u Carson City, keep maintain become inmate Of
visit contribute the support Of any place house
where persons frequent assemble for the pr-
ii smoking opium, and all such places house. or
rooms hereby declared to be n,Iisanccs
Section 2 Any person who shall violate any OF the pTo
visions of Section OF this Ordinance shall convictions
thereof, be punished by fine exceeding hundred
dollars inn rsunIent than fifty DAYS or BY
bolh such fine and imprisonment the discretion the
Court. u. A. BENDER President Pro tend
Attest: ALFRED HELM Clerk
Carson City, June y, 1877
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24
SHERIFF'S SALE.
c AND ORDER

DY VIRTUE OF DECREE AND ORDER
ID Sale issued out Of and under the seal NJ the Hon
second Judicial District Court in and for Ornsby C"InN
and State of Nevada judgment obtained therein on
the Sth day of July A. d. 1875 in favor OF VIM r. Mus
grove executor Of the estate Of William Patterson de
ceased and Adolphus Waltz and Anu Waltz for
the 81 600 with interest thereon At the rate OF Nv"
i) per cent per month from the 18th day OF November
A. d 1876, and the further of So, with interest
thereon the Of (2) per cent month from
the 18th day of October A. d. 1877, until paid and the
further OF $50 76 with interest thereon from the 9th
day Of December A u. 1877, until paid, al the rate NJ
(2) per per month, and the sum OF 81 2, with
interest thereon the OF @ per cent per month
from the 18th day of January, 4. D. 1878 until paid and
the sum So IS for costs and charges in this action L"
ether with all accrung costs, all in the gold coin Of the
Emitted States, and directed, commanding t@ sell
certain real property and described in said decree
of sale and in pursuance thereto have levied
upon and viii expose ~ public sale gu TT ESDAN, THE
2Zd DAY OF OCTOBER, A. ID. ISIS, between the hours
Of A. n and N wit, ! o'clock p. in front ii
the Court House door said Ormsy Count the high
bidder. the following described real property,
Il wit: bots numbered seven o. ten 0 and the south
Twelve az feet ut lot o. in block numbered eight Isl Of
Proctor Greens Division of Carson City Orm~bv County.
Nevada as designated the official map Of said Carson
Cty. ;. T. SWIFT
carson Civ S.utymhtr >, IN7S Sheriff.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24


= Y NIRTCE OF 4 DECREE AND ORDER OF SALE
Eisued ont OF ami under thg Seal If the Hen.
Judicial district Court in and "r ti Count, Of Irm-ly
State ii Nevada, JudG1rt obtaiuc-l on tie
3lst day 81 March A l. 1877 the 5th ias
ATi!, :. u. 1877. il favor and agar =
john T. iiyrle Susan T. lyme : Rtlnsteiu +. r. Cir
son, and William X NuSEruvt ENe"utor Of the last VII
and testament q William Patterson dec, for the srn
al four nnire and t"Gh3 - dollars I3-C al and i'll
tefeNl thereon I" H'tE % "1d lei III the Of
hundred itN ie dollars ana sNtN cents ami III the
81 soNtywo d"Iirs a SAi, cents for taxes Tor the is'
ca Year 1876 paii by n;'i ana ~ The sim Of dol
lar SIXTY ve cents the interest," accrued 10 date
aboE'. canned IrEcE'! SUI ard int"r'st from date
I.idat tire r9'e u per cent per month on 10th Of
slNtE"'r dollars am ninety fhfeC cents, aud original c>st
IL the sum q fortyf"'r dafs All IA the !ud of
| United Staes:
Second IN IaF'T 81 : feiiSteih ana r. r. Gibson, Aat
AGAINST J"hn hyIle ana susan hyrte f"f the slnA
Hi' ', u viz la.- ny @ aS ana SIXTY
Cti!N - NL 80, , 81. an. %, e1"u Hh
t sun rom ',"e "a ''2ei' ulti an a' me rate OF
~ it i y ~ p ,l , .;,3 49, 80 . tne sum 81
seventy G"ils an" vSt' cents ana costs II SUIT N
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24
DISSOLUTION Of PARTNERSHIP.

IL y. pUSNING and F.. NJ. FUNT, doing
tDs business at the Lake Tahoe Lumber Yard un,l0r
the firm name Of Dunnng Hunt dissolve partTsershD
this day by mutual consent H. r Dunnng will collect
all bills due to and pay all demands against the old firm
The business will be continued the old place by T. Il
Hunt, sole proprietor
Carson City, April lOth 1878. 10
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24

hereby certify the foregoing be copies from the
enrolled resolutions file il my office.
Wtness my hand and the Great Seal of State August 3
1873 J. u. MINOR,
lsEALl Seer Of State
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24
CONSUMPTION
POsifiVeIV CUPo Il -.

All sufferers from this disease that anxious to b
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ASH g. ROBBINS,
fehlOy SEQ FULTON STREET, BRo0hLYN, \. y
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24
DR.. |. ]. CzAPKkY5
PRlvAT EbICaL INSTITUTE
I27 Montgomery street,

PRIVAT EpICaL INSTITUTE.
i27 Montgomery street,
San Fr,n.i-,,o Grln-ite the Occidental Hotel.
ESTABLISHED IN 1854.
For the Permanent Cur" of 81 Spec al ar q
Chr0ntc Diseases, lsO Ill FefcHie
Complaints and Di.enS"s of the
Nervous System.
TWyHE IMMENSE DIS RUC1ION or HI
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CAUSED this old and reliable institution Ia he e@tahrt''
first in Philadelphia Penn, in 1890, and afterwards III sal
Francisco Cal in 1854 private dspcnsary, III ordr
the afflicted the best medical and surgical reacI
for the above and all other affections and complaints
Consultations at the institute or by letter FREE3
To the Afflicted:
pr l.. !. Czapkay would most respectfully inform the
public the Pacific coast that, al the earnest solicitation
his friends and hundreds Of those un1orlu
atcy afflicted with disease, he has rcOpened his Ml' Al
AMI SURGICAL INSTITUTE and resumed the practice
Il his profession The doctor would remind all those WI"
are in of medical aid that since relnquisIlug ms
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affections chronic Cttarrh diseases of the stomach
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Those who suffering from the errors and nlscreto
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communications strictly confidential. Medicines sent ~
express Address l.. !. CZAPkAG, NJ D,G@s
127 Montgomery St, between Bush and Suffer sts,R
au25-lY San Francisco.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24

Rs,od, by the Assembly, the Senate cncnrring. That
Article Eleven ID Of the Constitution Of the # Ne
yAia b. amended by adding 90 said Article ElcN en- on
ton ten Q0l thereto which shall read as follows
Section Ten No public funds OF any kind character
whatever, State, codnty, municipal shall be used for
stciaTian purposes
Passed February q, 1877.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24
FITS EPILEPSY.
FALLING SICK " HISS.

o.EaanFniiy Cure@-no humbuS-by OnE
months usage O DR.. GOulHr's'S CelebT ate'
InfaItibIe Fit Pow iers To convince sufferers thai
these powders will do slEe claim f them We VIII send
them by mail post tta8. a free Trial box AS lr
Goulard is the only uH9han that has made this s
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have been permanently cured BY the use OF these
Pow Will Guarantee perInA
cure in every case. round y"u all money
pended. All sufferers should give these Powders
early trial and b.. nCcd OF their curative powers.
Price, for large box, - boxes Tor $40, sent by mai
any part of the United Canada reccipt)
price, or by express, c. o. II. Address,
ASH & ROE GINS,
go FIIT,,v SThEFT BEOOELYN. y Y
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24
IOFTlClAL.1

DROP SEQ AMENDMENT TO TIT
Constitution % the state II Nevada passed at the
EgEth SESSION uf the Legislature:
6ssorej That there shall he added To- the present Coz
ston ri tins state an Article he called and know
as Article XVIII and which shall be as follows:
Article XVIII-Ihe rights Of suffrage and Office hold
inc sbs No, be withheld from any male c,tistu the
United states by Of his color previous condition
Of scTyitude
Passed February IS 1871.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24
Pistol Lost

A FIVE EHOOTFR FIST ~ WIS LOST
"A in Decker's Saloon last week The finder will BE-
suitably rewarded by leav,g the bar Of hat place
July u, 1873. IVY
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24

fRuM 5U III 70 CkklS.
| THE LOCAL DEPARTMENT
VIII be, more than ever, the special feature
If the paper.
THE POLITICS OF THE APPEAL
VIII be, as always,
Strictly Black Republicans or Radical
And the editor anticipates with pleasure the
probability that in supporting the next Re
publican candidate for the Presidency. h,
will support
GENERAL GRANT IN 1850.
Meantime the APPEAL will nail the Old Flag
10 the mast, and neither surrender to the
Adheremts Of the Lost Cause.
Nor give its support to a policy which
demolished the Republican Party of
And sought to
HandeuT 1t in the North.
In short, the MORNING APPEAL will keep
on all even keel and stand by the friends Of
Republican principles, Republican usage AMI
the Republican leaders of tried courage and
ability.
But the APPEAL will be especially valuable
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24

Tho above sale is hereby postponed until THURSDaT
the lo day MAY, a H. 1871 III SANE hour and pl,e
and by request OF plaintiffs and ,.tfenlants
). =. SWIFT. Sher:F
Carson City May 18th l977
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1878-10-24

II" above Sale is merely postponed unit! SATURDAY
THE NINETEENTH DAY OF MAY A. D. 1877, at came
hour and place 10y request Of Plaintiffs and etendants
:. T. SWIFT, Sheriff.
carson Cny, April SO 1871. mi