The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-13
Items Of News, 10.

Bronson
cisions of non-enumerated motions heard at the
Dec. Special Term. Adams, Sheriff, ads the People ex
rel Barcalow Motion to set aside attachment that
bond be delivered up and cancelled-graned with costs
White ads Trumbull and al Ordered that SO much of
the order OF the court reyersing the Judgment d.
rected the abide the event be vacated Ives
JacksonMoon to set aside verdict subsequent pro-
ceedngs for rreguarity with costs-granted Saerlee
Lynch.-Appeair from order Of Judge Kent dscharg
ing defendant upon common bail and motion vacate
modify the order-denied with Wilder and al
ads Briton-Ordered that the name of Mary " w Will
der be struck out OF the warrant of attorney and that the
Judgment and eAecutonas TO her, be set aside and that
the plaintiff pay $40 of this motion On payment of the
costs the plaintiff may amend the judgment record and
execution nunc tune to make them regular pro-
ceedings against James W. Wilder alone. Watkins
ads. Lewis Order--that the default and subse-
quent proceedings be set aside, and the amend
ed plea be allowed to stand on terms: Mailny
until next special term with leave to serve further pa
pers. De Mott and al ads. Gof-verdict taken against
De Mott and Sandord set aside for rregularity with
costs and further that the plaintiff make discovery of
all the receipts in his possession relating to the wheat for
which this act is brought, within thirty days. until
made plaintiff to notice for trial and further
De Mott Sanford pay plaintiffs costs of prepsr
plaintiff be stayed from proceeding to judgment but
allowed to proceed to Judgment that he be stayed the
Paige and aOrdered, that defendants retaxed
sc. Sandiord VS. STANDARDIZATION that plaintiff have
leave TO discontinue without costs, &c.dencd. Ogdens-
burgh Bank vs. Van Rensselaer,, Pres't, &c.-Moon to
discontinue without costs-denied with costs Nesse ads.
Banchard ana s-Motion to stay plaintiffs proceedings
Thompson--Motion for perpetual stay of execution
denied with costs. Agar Ordered that plain
TN have leave TO amend his bill OF parcularson terms
If terms not complied with, motion denied, with
Seymour and al. VS.. Recollection to vacate, Judgment
denied, with costs to be taxed Hatch and al ads Suy
dam and a-otion, that statement of facts by Supreme
Court be incorporated in record &cdened with COSTS.
Stafford Bacon-Order, that the special report be
erred back to referees without Instructions &C.
ads GreenAloton to set aside vacae judgment, &c.
for irreguarity Cady and al ads The Albany
and West Stockbrdge Railroad Company Order that de.
PENDANTS tax one bill OF costs and no against plain
tf-nsertng charges for two pleas and that plain
N in
that defendant make 1t up. Corls VS. Corgrove-Order,
that the order taken by default by defendant last Oct
Littel same VS. Johnson-Former ordered by default
opened and argued-ordered judgment the conviction
against defendants in each that nuisance be abaed
and defendants respectively fined scents Mcfarland ads
wolcott Motion for leave to plead statute of limitations
denied, with costs Wilson and al ads. Thomas and
other cause-Order that defendant motion that plaintiff
files security for COSTS and plaintiffs motion for leave
person, be denied without prejudice Della
PLANE and al vstchcock and al and three other
Ordered-hat motion stand to special term,
with leave to serve further papers. Timan Leland,
lmpieaded-Aotion to cancel release, &c. denied with
costs. The Mayor, &C., New York. ads. The People ex
rel smith and%a; Motion to quash certioarigranted
Tallmadge Vs. Cushman and al-Motion to vacate judg
ment &c.denied with costs. Packer and al French
and d-Motion tornew hearing before referee granted,
terms. Pratt and al ads Brsbane.-Nloon that Brs-
bane pay costs-denied Herkimer County Bank VS..
Brown; and Brown vs. INSTRUMENTATION by Rathbone
that Sheriff oil Albany pay over proceeds of sale to the
execution in second causedeneo without prejudice
action by Rathbone. Pettibone Stevens and al
Ordered that plaintiff default for not joining in demur
and also the demurrer be set aside and defendants
have leave to plead anew. Conan ads Fletcher, Dixon
and al ads FletcherOrdeeda all proceedings against Os
from and Dixon be stayed perpetuay, terms Walk
er ads Notion that plaintiff in error make up
up-granted. Lovett VS.. Cowman, mpeaded-Motion to
verify notice OF usury nunc pro tunc-denied, with
costs Haight Nash-Moton for attachment denied.
Leavitt Pres VS.. Morris Canal and Banking Co., Ri
chards and al VS.. sameMotion to vacate The writ of er
iacias in the first and sale under it, &c denied with
costs Strong vs. Merchant and alMotion to set aside
er lacias &c granted for irreguarity Crocheron and
al ads Ltte and three other ordered that under
the right to enter judgment in each suit the verdict
of jury and further, that each defendant recover
the amount of their taxed costs and half thereof
addion-Moton that Maria Mercereau pay costs
denied Graham and al. vs. Person, late Sherf-Order
ed, that all proceedings the capias and execution
nc. be pepeually stayed as against Graham. Myers
Sale Motion for perpetual stay of proceedings udg
ment and execution, as against certain mortgage &C.
denied without prejudice to the legal rights OF the parties
IN either iorm Court heard the following calendar
causes No. 4s-People ex. rel Van valkenburgh vs.
Parmelee, Recorder. No 50-Caswell VS.. Wheeler. Me
chanics' Bank New York, Boardman. Judgment for
plaintiffs on demurrer-no opposition. Same Russell.
Judgment tor plaintiffs on demurrer-no opposition
Moote vs.. Minker. New trial dened--no OPPOSITION
Benedict and al vs.. Talcott Judgment for plaintiff on
demurrer frivolous. Waddell, assignee, VS. Slater
Judgment for plaintiff demurrer frivolous Kellogg
vs. Reed implicated, &C. Judgment for plaintiff de.
irivoous-no opposition. Wheeler ads. Cas-
well and al. Judgment affirmed.
MONDAY, Jan Sth.-The People VS.. Costello-proceed
ings before Supreme Court Commissioner reversed
opposition De Bow ads. People Judgment of Ontario
General Sessions reversed. Hotchkss and al ads Suy
dam, sc. New trial granted-no opposition Dewey ads.
Kelly. Judgment for defendant on demurrer-no oppos
ton Sage ads Strong New trial denied-no opposition
Ely ads Gilman New trial denied-no eppos tion Raw.
mond and al. ads. Van Setback New trial denied--no
opposition. Aacumter ads. Niles Judgment for defend
ant demurrer with leave to plaintiff to amend usual
terms The following causes were argued No. 81
Miller vs.. Browne and al S9-Carpenter VS.. Town "a
Thompson Gibson, impleaded. 96-Bigham and al
Forbes 97-Walrath VS.. Thompson. 9S-Root
Woodruff. 99-Sims ads Davis l0l-Albany Exchange
Bank VS.. Sage.-.dibany .4tids.
The MURDER OF Mr.. SPRAGUE.-The examna-
ton of the Gordons was commenced in private on
CbroD cIp he. af.pce
of the Gordons, il is said will be stronger than many peo
pie imagined We told that Nicholas expects most
clearly prove albi What will be the defence of
the others cannot say but have heard whisper
ed that they will boldly assert that the attack first
made upon them by Mr. Sprague while they out
shooting mark, and that they shot him and pounded
him TO death in self defence.
New RELIGIOUS SOCIETY We understand some
of the friends of the Rev. Joseph III. Towne late
pastor Salem street Church, have formed themselves
into society and given him an invitation to preach to
them which he has accepted They have engaged the
large hall under the fremont Temple to hold their meet
ings and will meet there for the first time Sunday
next.-Boston Post, Jan. Z.
LUNG FEvER.-The Illinois Gazette Uacon,) of
the 23d ult., says This disease still prevails in
county, of which twenty adult persons have died
within the last six weeks Its virulence is singular and
remarkable. It is attended with pain and paraly
sis of the OF respraon and in all the that
have not yielded to medical treatment death before OBJ
served has occurred in about week from the time of at
tack The disease prevails in Pekin Chicago and
other places in Northern Illinois.
REFUSAL TO GIVE SLAvEs.-We learn from
Nassau, that the u. s. cutter Nautilus arrived
there demand the slaves who fed from Florida
time since, committed murder at Key Biscayne, and
then took refuge at Nassau The N. compelled,
however to sail again, without accomplishing her OBJ
ject The authorities of Nassau refused to give up the
iugtves from justice the plea that the proofs not
sufficient
SEASON IN MAINE.-The Mercury stood yester-
day morning at degrees below Zero in Cumberland
street We have another storm this morning, which
VIII reard the mail train again The train due Mon
day noon did not arrive till nearly yesterday in
fand3 yoIis lam o.
ACCIDENT AND EscApE.-Mr Richardson of
Woburn while crossing the Freshpond Railroad, Cam
bridge, Mass in Sleigh overtaken by the locomo.
tive his horse instantly killed, his sleigh smashed
and himself thrown uninjured in the direction OF the
track and close to it, that part or his cap off
by the wheels OF the cars