New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-08
LEGAL INTELLIGENCE.
PROCEEDINGS IN LOCAL COURTS.

PROCEEDINGS IN LOCAL COURTS.
Justice Truax in the Supreme Court has award
cd to Mrs. BLY, F.. Witthaus alimony OF 800 a week
md n counsel fee of $500 pending the trial OF the
action for absolute divorce which has been brought
against her by her husband. r. August Witthaus'
professor OF chemistry In the University OF ,he
city OF New-York Mrs. Witthaus denies the ALE
cations made by her husband against her. ana
brings cross-suit against her husband TOT sepM"
he broke her arm. and that he unfaithful to
her and tried TO have her put III an ihsane "'''"
The Jury which has been hearing the suit IN tue
United States Circuit Court Of George G. Carey
as trustee against General Horace Porter III
which the plaintiff sought to recover $4,000, wh'ch
he alleged tho General owed nifty shares OF the
stock OF the National Express and IransIor.aHst"
Company. yesterday brought in a verdict Tor Cen
eral Porter deciding that he had not been q stock
holder in the express company.
BY a decision Of the United States Circuit Court
OF Appeals. handed down yesterday. natural gas IS
declared be mineral for all the purposes OF inc
statutes and customs laws OF the United states.
The Court affrns the decision OF the United States
Circuit Court OF this district. which affirmed de'
cls.on OF the Board OF General Appraisers dec.arln1
Sa' sis Bnao ~ was no" subject 70 duty
1, comes within the definition Of crude minerals
Justice Truax in the Supreme Court yesterday
denied the application of william b. Wetmore ask
ing that the New York Lackawanna and western
Railroad Company the Warren Railroad Company
and the Utica Chenango and Susquehanna Railroad
Company he compelled transfer certain shares 10
Edward s. Hatch. The shares stand in the names
OF s c. williams W. p. Wetmore and A. p Mann,
as trustees of the estate OF the late Samuel Wetmore
The transfer was asked for the ground that the
shares command a considerable premium ana
that Mrs. Wetmorc wants TO dispose or them aneo
purchase other securities In denying the appnca-
ton Justice Truax said that there Is a pam ara
speedy action at law to compel the corporations ~
pay over the value Of the stock
Judge Schuchman. In the city Court yesterday
granted an application Of David Sie!mfeid asking
that an order compelling him to appear In supple
mentary proceedings be vacated. The judgment
against Seimfeld for $500 and secured by the
Globe Electric Construction Company 1t was
given to the Sheriff. but was returned unsatis'ied
Stelmfeld owns real property. which, he says, Is
worth $500 subject to mortgage OF $4,000.
Judge Schuchman said that he was compelled 70 de-
eide In favor Of Steimfeld In accordance with the
law He said: The principle applied TO this case
compels the judgment creditor first to sell the
realized does satisfy his judgment ne Will then
be entitled remedies open to him for the balance
Judges are compelled to interpret the law as they
find IT, and IL it is defective in regard to giving
full remedies to n creditor TO collect just claim.
the resort Is to the legislative power OF the state
The law does not authorize me 10 aid the creator
In the present case.