The New York herald., 1845-12-08

SUPREME CoURT-SpRcnL TsRM-Mr Justice
Jewett presiding. .-Tuesday, December 8d.-Cum-
appeal from circuit Judge &c, granted on payment Of
costs, ST. White ct a sas Mslss-Motion fsr judgment
:a ID
case Of non suit granted by default Lansing impd sc.
ads The wa,srves Bsnk same ads same.Motion to
Motion 10 vacsts order Of Sup. Court Com Sc granted
Ross vs Ilalstead Motion that pn have leave pro
cssd to hearing sc granted, terms Smith ct al ads
Mesick-sloon for reiereIce denied with costs with
out prejudice. Van Allen ads Niysn-Notion for com
mission, granted. Livingston and VITA Hoffman al
Motion that dcft Hoffman sppear and plead to Nsrr In
Ejectment granted, sx psrte. Whippe ads Cummings
Motion that plf dle security for costs denied Went
worth ads Staples Motion to change venue, grsntsd.-
Dayton vs. Crippen-Moon TO refer assessment of da.
relaxation OF costs; denied with costs. Rowan ads
Granger-MotoD for judgment in case Of nonsuit,
granted, unless plf stipuste ETC. The Kingston Bank
vs. Roosa-Motion to set aside judgment &c granted,
without costs Same VS. same do do do. Bum ads Bo-
dine-Moon for Judgment as in of nonsut granted
Rich ct al ads Davis receiver SC do do do do West ads
Parsons-Mouon for perpetual stay OF execution, &c.
Amigh-Motion for certiorari granted ex parts. Duel
OF a VS. FsherMotion TO vacate order OF circuit Judge
ads ACKNOWLEDGEMENTS for nt as in case Of non
suit, granted 18th costs, by d.faut Marten ads same,
DO do 40 do Decker ads same do do do do Norris ads
Peabody, ct al, do do do do.
TnusspAY Dec 3.-BoyIe ads taye-Motion for judg-
ment as in case Of nonsu; granted. with costs The
Board OF Supervisors OF Chemung County ads The Che
mung Canal BankAloton aside judgment and that
service of case be deemed good service granted,
terms Craig ads ShawMotion to set aside, alias
scution; denied with costs without prejudice. Com.
stock ads. Lswis-Motion for judgment in cases Of
nonsut granted, by default harrington ads scott jr
Motion 10 refer to sole referee granted by consent
Hill ads CoDknMotion to set aside verdict Sc; deni-
ed with costs Cleveland ads Camp-Motion to trans
NIT commission from Chautauque to Madison county
granted. Bum ads, Bodine-Moton for judgment in
case OF nonsut denied with costs. and former rule
Gated Hdreth ct al ads Otey-Motion to refer grant
ed, terms Stout ct al Pollard al Motion that
defendants appear and plead to sci ia after publication
granted, OK parte. Cary Beach, surv'r &c-Moton
for twoc mmissons granted by default In the matter
OF Austin receiver, SC, and Rawdon al-Moton for
commission toa take deposition granted, ex parte.--
Cozzens Arnold.-Moiion for reference granted by
default In the matter of Alexander Counison
taxation OF costs denied with costs Crandal VS.. Hol
lister..Motion for reference granted Bell Jud-
son-Motion for leave to amend declaration granted,
without costs Lupton ads Lup,on Motion to set aside
default, &c. granted. with costs Duel al Fisher
Motion to set aside order of circuit judge denied with
costs and former rule by default vacated Wes ct al
ads. Toby.-Moon to set aside execution allowed to
amend on terms. Mulford ads Rogers, Jr-Motion for
Judgment as in case of nonsuit granted, by default
to amend, and that a be aged till Ist May, ls45 &c.
Skinner ads Jewett ct al.-Moon to open default and
for permission to defend denied, with costs Keefer
ads Keefer-M6tion to set aside OF error &c de.
MED, with costs, without prejudice Thorburn ads
ReevsMotion to open default and for leave defend
&C.; granted. on terms Darrow ads Cark-Motion for
Judgment as in case OF non.suit granted by default.
Clute vs. stowits, ct al, comrs &cMoton for certo.
alNotion to refer granted Van Cleef vs. Carpe ENTER
ct al do do. Gilchrst ct al ads. Hendrick ct al Mo.
plaintiff stpulate, &c. Seymour Rogers ct a-Mo.
ton for leave to serve new oyer, &c; granted, on
terms-.4lbany Argus, Dec. Q.
FRIGHTFUL RAIL ROAD COLLISION AT half-past
8 o'clock on Wednesday afternoon, a serious COLI
sion took place the Boston and Albany Rail Road
short distance from Chester Village q miles th, side Of
Springfield. The particulars, which wo have from
reliable source are as follows The passenger train
was coming in and the freight train going or Bos
TOM 1t was the duty Of the passenger have
mained at Chester Village until the freight train had
hah tts efut mattel
four minutes in advance of its time and course Of
these four minutes encountered the freight train
full speed. The collision frightful Both locomo
tives into each other smashing them into thousand
pieces Four cars, two on each train, uhe post office,
ed. The greatest alarm and confusion prevailed the
mail bags and their contents and the express
were thrown along the track torn open and otherwise
damaged; and the -four and other commodities of the
freight train thrown down the bank broken in pieces
and the -four scattered around 1t discovered
that four persons were seriously injured though it is
hoped that but fatally hurt That Pa trick
fireman on the passenger train whose leg broken,
He has been the road since it's openingwas
dustrious reliable and much respected Little hope of
leaped from his car, and was badly bruised Samuel
Dennis of Springfield, baggage MASTER taken from
under the wreck Of the locomotives and cars badly but
1t believed not fatally hurt His escape we'll
OF Russell, was almost miraculous. The conductor
the freight train (whose name we aid not learn)
thrown out with the -four and other aicss and when
first rescued such is the rulng passon drew out his
watch and exclaimed, 81 have minutes yet on my
|
gerousy injured. The loss to the Rail Road Company
is large and to Thompsons Express considerable II is
remarkable that not single passenger injured tho
intervening baggage and express (Which de.
stroyed) serving no do bt as protection The passen
ger train detained until Midnight; arrived here
this morning, other oc omoyes having been procured
Springfield The accident iswholly ascrbea to the c1
psble determination OF the conductor the passenger
train to proceed from Chester village before his time
aud in defiance Of the warnings at that station, that he
would encounter the freight traina result too fatally
realized.--.ai6ony Argus Dec s.
-
A NEw STATE-The people Of Wisconsin are
talking OF organizing into State, and asking ad-
mission into the Union at this session The people
to be almost unanimous in favor of the formation of
state government, but great deal divided the
best method Of arriving at the end proposed An effort
however, will be made to bring Wisconsin in smulta.
neously with Texas and should not be surprised if
action on the admission Of Texas deferred until
Wisconsin 10 ready to in The preservation of the
balance Of interests has always been cherished object
with politicians OF the north and SOUTH and it quite
probable that the northern members will oppose ad
mission OF Texas with her slaves, until non-savehod