The New York herald., 1845-02-05
Superior Court.


FEB 4-No jury cases being ready, the jury were dis
charged until This forenoos.
hre Seuknot, an Attorney, (be'ng an application
10 strike his name from the rolls of the Couit) Mr..
sandford was heard for Mr. lockwood. when number
Of adavs were reai showing the fact OF suit IN chan
husband which both involved in certain charges,
aecting their fidelity to the marriage bed appeared
confined in the Edridge street prison. Il appeared that
Mr. g. advsed his client to adopt certain pfsea9sIosary
ent which were deemed harsh and the presenN motion
was made Motion denied
John B. Helms, paintS in error vs. John Helms ct al 'e
fendsnts eryor-This a motion set aside judg
ms sPPearsd that the defendants saddle % and bride
shown that he was physician and that the saddle and
bride were necessary for him te use in visiting his pa
ents and therefore he protected by statute Jusg
ment was given against him. and the case now comes up
upon certiorar The Court decided that the articles
must be affirmed.
Ellen Brown John Gett,ws.- Certiorari-This case
up before Of the Assistant Justices, and motion
made by the defendant adjourn the for
days, which the Judge decided to gran on condition
day the security not having then been given the Justice
decided that unless forthcoming by next tho adjourn
ment should not be allowed On the following day Sc
the plaintiff in default. The case now came up OH mo-
ton to judgment This the Court thought erro-
neous and therefore ordered it to be set aside without
VIM. con ads. .aJre1 H. Davi,-IH this case claim
set up by Davis to recover extra compensation for
services appears that Cox is keeper Of the City Prison.
and such he has the privilege Of appointing his assist
being the Of his salary $500 objected to Cox
the ound that the salary decient at the same
M Of
qured which defendant agreed se there was any pro.
liability OF being successful which did not hsppsn to
be the He Cox account OF his promise
to get the required sum- The Court was Of opinion that
there was contract plaintiff could not exact more
respsss for not svynE goods upon te,i fasa, and
appeared that the plaintiff recovered Judgment against
MIR Austin for $slO and that execution ssued,
na placed in the hands OF defendants deputy on the 18th
July, s43, who, upon receiving it, went into Mr. Aus
tins premises and levied upon all the property With tho
suei upon the day. end the machine IL question
was purchased by plaintiff but upon sending Gu msnto
take home defendant would not deliver il up IN re-
gard to the first Of these allegations, defendant ri s
that he supposed the cutting machine be excepted FROM
seizure under the exemption OF law AS to the second,
he grouna ofrefusa iu consequence of plaintiffs
fusng to pay the usual fees &C. Motion TO set aside ndg
ment set aside without : csis 20 either party.
Vim. Beach nnf ames Nc William rs. M B. Hart De-
murrer to the .araton, which tbs Court decide ives
we'll take-. Judgment foi defendant, with liberty to de-
fendartt, paymen. of costs within ten
da after notice Of the same
Joseph IIooni ads. Urah r. Scrbner.The like judg.
men for plaintiff on demurrer
E,nsst Eekie at al ads VIM Iorrey The like judg-
ment for PLAINTIFF on demurrer.
Philip Engiand vs. Jamn a. Spil.n-Judgment for
plaintiff with liberty the defendant smend, pay.
ment Of costs within ten days sser notice of this rule
The Trustees The Oh Street Baptist Church ads palen.
Robert Deacon C. C. Lee-Judgment for plaintiff
demurrer with liberty to defendant to plead De
paw men of costa within ten days notice Of this rule
Elijah Whitney vs. W. ". Msiiin Judgment affirmed.
Richard A. Chambers ct al ads Thomas d. Howe-No-
tice for new trial denied in the
The The sameMotion for new trial, ground
Of newly discovered evidence, denied.
West Us EdpGrd Weeks--In this the defcndant
charged the plaintiff demurrsge wien hn he'd only wait
ed Gay for him to remove the coal from the vessel
which he refused TO pay Suit then brought and the
captain recovered Judgment The Court say that he had
right to charge demurrage unc1here had been ur-
reasonable delay. Judgment rsvers
John Pan Dyne U,iah Ryder Pon to recover
costs Judgmen. for plaintiff rule to ettled at Cham
bers. A