The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-05-02

of his appointment, and that he himself competent
witness to prove the authority 1t was also held where
the lease contained stipulation to when the rent
was sblc that agreement to pay quarterly would
be from tho Ss that the Lessee mad T.
Bissell
Bosart Us. Burkhaner-Motion to set aside non-rult
Fitch and Others u.s. Waring.-A trustee having, in
cd to the trust fund-an assignee, though bone Gde,
and after several aesne assignments obtained no tito
to them. Decree OF Assistant Vice Chanoellor, direct
ing them to be given up and cancelled, affirmed,
costs In equity being not matter of right but in the
discrstion of the court Decree as to costs affirmed,
and no costs Of the appeal allowed.
Huntington Us. Mather-Where stock Is hypothecated
security for osn and Is transferred to the lender,
the transaction is mortgage, and not pledge; and
default Of paymsnt the title absolutely the lend
and tho right to redeem Is barred by the Same lapse
costs cs 90 'A' n0'' D'''0' O''''ne Dill a'm'a "''n
Sh,ldou Wesks.Motion for hearing denied, with
Mclean Us. Wasrope.-Juigment for plaintiff on the
special verdict
balance defendant left after compromise by which
half had bsen paid on tho ground that the settlement
aside s'i tho Of on the I1oS Of
merits but Of the ruling IS to the admission Of evdenoe
the ruling rot being right Motion denied with costs
could get no money Of the contractor, and was
promised by the owner Of tho building that, II he
would 60 on with the work, he should be paid 1t
wss held that, for all work after that, this
original contract and need not bs in writing 1t was
also held that refusal to nonsu is good ground Of
excsption and cannot be corrected excepting
only whore there dispute about f.cs and tho quss
ton simply of awit 10 never ground Of excep
ion where there any evidences to submit to the jury
1t was held that where there an exception to the
whole charge Of Judge and any part Of 1t was correct
the exceptionmust FAIL II part Of the charge
ERRONEOUS being necessary in such case that the
found fault WITH that 1t may be altered corrected
n time An account of work and labor does not draw
Judgment Of New York. Pleas reversed
venure do awarded
ss@ for on
to award peremptory mandamus because of the insult
cheney of tho return cannot be reviewed in the Courtof
Appeals the only mode OF carrying 1t to that court IL
through rehearing ct tho general term, which will be
granted certificate Of judge of this court that such
rehearing proper record OF judgment therefore,
such motion at special term setting demurrer
jonder in demurrer Ia Irregular and would be set aside
TO record ofudgment IA such case setting out the
ton and decision thereon writ of to the court Of
appeals will not e-the special term having power to
aw.rd preremptory mandsmus There is no power In
The record madc by the relator set asi Dc for r
regularity and the order to stay proceedings set aside
Sections and of tho act supplementary to the code
relate well to motors decided before to those de-
oded after that act took effect
Holden ct at us astor-Motion to set aside writ Of
sistanos, denied, with sic costs
granisd costs to abide tn. event Of suit
In The Matter Of appes! jag Eorune Administrator.
denied on payment Of $40 costs by appellant. Motion
for leave to file petition Of appeal pro and to
h. on %
HoHerman ~ Hoaerman-Order for commitment
HaJsrG vs. Standardization to got aside order re-
Srsning the defendants, denied; costs to abide the
event.
Gran. Us. Wsterman.-Motion for receiver denied,
with $40 costs.
Feeder adm. Ha,t-Motion to dissolve Injunction,
granted
SUPREME CoUnr lold Present, Justices whittleslsy
by the Constitution, until the first Monday in July
next for tho purpose Of clearing tho calender Of old
causes organized this morning. and soon sfer adjourned
CeuRr OF orEn AVID TrnMlsEn -Befors Judge Ed.
wards and Aldermen The Court organized and ad-
journed to tomorrow (thi morning. no business being
ready.
CouRr OF CHANcERY.-Defore Chancellor walworth.
This court which will be continued under the
stution until the first Monday Of July next to finish
tho old business, opened this morning and the
lendar taken up.
CouRr OF CHArcERv-D .csions OF the Chancellor
May 1e4s.-Philp r. Pulvsr and John Puiuer, iona
than Thayer and ohers.-Appeal BY tho complainsnts
allowing the defendant Anablc to fc supplemental
answer: Order appealed from, affirmed with costs.
assistant Viz. Of tho @ cir
cult a0imed, with costs.
S9 81 CT gsr ssa
dsmesing the petition Of the defendant Lockwood for
lenve to put in supplemental answer, or to flo
Joshua Feiiops rs. Henry Harrington and others-
Order of tho Vice Chancellor OF the third circuit drict
allowing an exception to report epon reference to
costs.
dismissed on tho ground that compliments right was
barred by the lapse Of time.
oreta order Of The Vic. Cnsnoeor Of tho fourth circuit
allowing the demurrer Of the defendant A Clark and
Diminishing the bill as to him, affirmed with costs
Order Of the vcs Chsucsoro tho rst circuit
ing part their exceptions the masters report
exceptions to the answer, for mpertnence and insult
cheney, affirmed As to all the parts thereof appealed
from.
james LopeH En'r., &c. Robert Buloid and others
Decree of the late assistant Vice Chancellor of the FIRST
circuit reversed and modified in the parts appealed
from.
John H. Graham .aami,,istrator &c. " Charles Dick.
s,on and ohes-Dsoreo Of tho assistant vice chance
lor of the first circuit stirned with costs
Decree ofths Vics Chanceor of the eighth circuit,
allowing demurrer of defendant and dismissins the bill
Horace Pesrce psJss,pt W .dissp. J-Dscree Of tho
late vcs chancellor Of tho third circuit allowing de-
wasa ana S snsa w,,n oS'
Ha=iston and Wife-Applicstion to dismiss an appeal
from order of the late Woe Chancellor of the seventh
circuit, denied, with costs to be- taxed
tn. vs The ssme Order of the late Woe Chan
oelor ofthe seventh ciroui denying compainant's
pication for resale Of mortgagsd premises reversed
Lso.ard Harris and others Harry Sccfeld and
oths-D.cree directing actusl partition Of tho Pre-
mises, and appointing commissioners to make tho
Robert Nc Cartel, admin, re. vs. Catharins CameL-
Application for q rehsaring Of ths appeal denied.
George Rhodes and other. ~, He"ry Rhodes Decree
of the assistant vice Chancellor Of the first circuit
versed, and bill of complainant dismissed.
Henry Rhodes ps. George Rhodes and othsrs-Decrse
ofthe assistant Chancellor OF the first circuit a.
hrmed with costs
J.seph HsdemGn Us. Charles J. Hsnshaw and H. H.
Cor Order of the vice Chancellor Of the first circuit
denying application for attachment against the de-
PENDANT Henshaw affirmed with costs.
.agnes Isa5ea Nelson and oihers vs. James McGiDer
Dscson Ut OF tho third circuit ostac
fishing the last will and testament Of James Nelson, de-
oeosed, affirmed with costs.
G.eree Lopett u.s. the Corporation Of the German Re.
formsd Church in the city Of Nsw York and others-Ap
peal by complainant from order Of the vice chanoe
lor first circuit setting aside the order to take the
compainsnts bill ss conferred and all subsequent pro-
ceedings the part Of the complainant sloving the