Before 0. N. Daxwt, Haq, Consul-General, Shanghai, 12th August.
"Acting Judicially.
Cnantes Evoexe Lim v. Tyson Yares, Agent of Euizanera Apaas HILL.
Mr, Wamewnicnr appeared for the plaintiff, Mr. Hxpenson appeared for the defendant, This onso was before the Court on the 6th instant, when it was adjourned for the Court to consider whether it would hear evidence and Mr, Wainewright's farther argument in m to the motion, The Court having ted to hear Mr. Wainewright, the argument was concluded to-day.
Mr. Warvewniout urged that the suit was properly brought against Dr. Yates; that the property enjoined was in hie hands; and that it belonged to the plaintiff, Ho admitted that the title to the land was in the name of Mrs. Hill, but said the intention to make it hier separate estate was wanting, might be that she wan merely a trustee for her husband. To determine this matter fully it would be necessary to take evidence. But ing it except whi or statutes other wit or provide, shall be regarded decision in trials at common law in Courte of the United States in cases where they apply, the laws of the State of Cone necticut must be the rule of decision in this ease, Mes, Hill being ut of that State, He here read from the laws of Connecticut to the effect that the husband aright to the route of the wife's realty. If the laws of Connecticut did not govern the case, it most be de according 1A Staton, which provided that where the laws of the United States are not adapted to the object, or are deficient in the provisions necessary to farniah suitable remedies, the. common lew, the law of equity and of admiralty shall be applied. Ho next suggested that the plaintiff might be a trustee for his wit and as such was entitled to tal roading
conclusion thi 0 urged in the injunction be allowed to stand.
Mr. Hexpenson reminded the Court that the question before it did not the merits of the dispute between plaintiff and hie wife, but was simply whether the Court would longer continue the injunction upon the plaintiff's petition as it stood, The injunction was a provisional remedy, invented by the Courts of Equity to prevent throatened injury to the rights of a party pending final adjudication, for which suit must be commenced, It could only be issued upon ne notice to the adverao party by a Court of competent jurisdiction upon facts shawm, plaints ight end, the injury threatened: Plaintiff's petition showed that the land had been conveyed to Mrs, Hill with the intention of making separate provision for her, and ata time when there wore no children of signs of any, the son not having been born until three yeats afterwards, If all his allegations on this subject were false, the fact remained that she was in posse by her tenants, and claim: property. would be admitted that was petition, nothing to show stent with the allegations of the
the plaintiff's, right or the threatened injury. This procedure had been more in the nature of an attachment, but that writ was not applicable to such a case, and the attachment decree had been followed in no sense, That was the only procedure that bad been provided for suits against the property of absentees, As to the law of the he bad already own that it wi of equity of the to an injanetion—a remedy peculiar to Courts of Equity, concerned the separate estate of a man at common law, where the wife's lo, a woman, There could be no such thin,
existence was merged in that of the bu such estates wore created by Courts of to prevent the abuses of the common lay,
Text read from the printed page and cleaned; old type leaves the occasional error.