The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-28
Supreme Court-November Special Term.
Before Judge Harris

Nov 27-DEcIsIoNs-Da1iel ALckiethuaif, and 9TH
srs rs wm. Wessser, ETeeuaors, Se et aiIThis suit
act to the code and the decision Of the referee having
been fled motion was made ON behalf Of defendants
for the appointment OF referee to into effect the
decision. 1t was opposed, on the ground that the
plaintiffs intended to have the decision Of the referee
reviewed Heid tbat before the decision OF referee
can be enforced. decree in conformity thereto
be settled and entered and that within ten days after
notice of such decree either party desiring review
upon the evidence, may make a case In the manner
provided by the 223d section Of the CODE and give
tice of application for hearing prescribed by
the 7th and sth sections OF the act supplemental to
Jane Campbell ps alexander H. Standardization to
dissolve injunction granted.
George ". Bruen, aud others ads. James Hdings.-
An appeal having been taken from order, made in
this cause on the both October last under the 229h
section Of the code It was held that the order appeal
ed from having been made, in suit pending before
the LIST Of July, could only BIZ reviewed upon
ing obtained under the provisions of the 7th 9Th
sections OF the act supplemental to the CODE and that
the Proceedings upon the appeal therefore void
Appeal set aside and order staying vacated
Geo III Snowhm and others, ads. Jeremiah l.
Knapp e. aL-Motion for new trial on the ground Of
surprise denied with the costs because the
suffered four months to elapse after the trial. before
giving notice Of the motion, and also the ground
that upon the motion. as we'll upon the trial. the
weight Of evidences Is against the defendants.
Henry N. Beach Committee, &c, Us. James E. South
Worth ct ai.-Motion for appointment Of receiver OF
partnership Assets decreed and defendant motion to
dissolve Injunction against them granted, the
ground that when the partnership dissolved 1t
was agreed that in consideration that the defendants
would make advances to meet partnership liabilities
they should be allowed to close up the partnership
business and all allegations of subseque mt
by the defendants were fully denied explained.
WoOlsey G. Sterling and others, Anna G.. Quack.
enbOss and otherMotion for injunction to restrain
defendants as trustees under the will Of Nicholas j.
Quackenboss, deceased from collecting rents and to
appoint receiver, denied, with costs on the ground
that plaintiffs have not shown that in case they should
succeed in avoiding the trusts of the will alleged to be
illegal they would suffer any injury by allowing the
trustees in the mean time to receive the rents.
Paul III p. Durdnd Us Sarah E. Thpston and Others,
- Bill fled for construction OF will Decree declaring
trusts of will valid and that Fanny A. Thurston was
entitled to life estate in the property and that upon
her death, it vested absolutely in her children. Plain
tf directed after paying the costs of this suit to
pay the balance of the trust funds the guardian Of
the children of Mrs. Thurston.
4nson Lfpfn gsfon, Surrtror, &C. US. Thos e. Dap,s
and oihersDecree declaring that when the trustees
took from Davis mortgage upon the lands Staten
Island they agreed that such lands should be charged
with the payment of the amount Of the Crocheron
mortgage and directing the lands to be first sold to
satisfy the Crocheron mortgage, and II insufficient
then that the other Ian ds in that mortgage be
sold to satisfy the residue and decree ordered against
Davis for deficiency of Crocheron mortgage Decree
also to declare that Davis is not rersonaly liable for
moneys secured by the two mortgages executed by him
to trustees.
James Riker and Wife Us. George Darke and others
Commissioners in partition directed proceed to make
partition, notwithstanding a report Of two of them
the interests Of all the parties to have the premises
sold Held that the situation of the premises such
that division be made without great prejudice to
the owners, the court has power to direct sale
though the situation Of the parties be such Is to rem.
der sale Of their shares necessary.