The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-19

|
To Ole Vrgnny shore.
oh carry me back to Ole Virginny,
To Ole vrgnny shore.
Oh wish was safe back agin,
| To de Ole Dominion State
| "Out Of my element'' I'm here,
| For finds none to hear me prate
| But once more my old dunghill,
Won't crow at q furious rate
Chorus Den carry me back to Ole vrgnny, &c
| Still 81 bate no jot of heart or hopsn
| An" not give up de ship,'
"Wehsv seen much darker days dan desc"
For Cass and It's : bitter pill ~ ~ f'
| But, --"ws know that our pilot 'slivnI
Cherus Den carry me back to Ole virsinny, &c
Law Intelligence.
SUPREME CoURT-SPEcIAL 1ERM-Nov. 18-Befort
Judge Observation-Disclosures Gideon j. Tucker ana
ofhers u.s. Jemma Tucker and others-On bill filed &c
set aide the will of Gideon Tucker deceased made in
August 1888 Held that the trust to the to
Isn's o sna pr and pay them until the
void because 1t illegally suspends the power of allie
aon and that as to these rents and profits the de-
ceased died intestate and that the the be-
neht Of Charles Tucker is void the same reason
to the contingent clause for life for the benefit of
| Tucker, Joseph Tucker, and William and John
Tucker and in all other respects the will is valid
Joseph DuPre and others a X. Thompson and others
IN Dill MED to set aside deed confirming will
wnlcn was imperative by Of defective exc
oation. Held that the parties having Voluntarily
ul-
gestion even of any mistake as to matters of fact
but only as to matters of law, they cannot now s
Dill set IT aside but bound by it, and that even
tne limitations over after the estates for life are
PAD the trust being good at least for the lives yet
In being the bill cannot be sustained Bill dismissed
James Lynch ps. Supervisors of New York.-This
cause was argued at the general term before Justices
t LADY, willard and Edmonds. appointment of
the plaintiff IS Judge of the Court of General SEES
sions in the city and county Of New York was not
contract between him and the county, which would
Ior salary accrung after the law author
1sing the appointment had been adjudged to be I'M
defe ndants on the special verdict.
I'm r. Green rs. Emeline Green.-Decree denied.
T. ID. Ltchfeid, ct al Us Charles M Peiton, ct al
debtor in failing circumstances sold all his property
to bis brother who had been in his service and who
Vas not man Of property, and took his obligations
o,. IN then made
creditors preferrpg certain Of them who to
the arral cement and creditor not preferred having
aside the fraudulent against creditors
In which he obtained an injunction restraining the
wendell from interfering with the property. motion
to dissolve the injunction was denied and receiver
Robert Z. Christian rs. Marian Observation-Disclosures
granted.
Barney Corse, ct al adsm Samuel Weueu etal-Dur.
ing the tendency Of this suit the executors directed to
pay to Barney Corse for the Of his children three
Mrs Saunders and her daughter.
Thomas 5. Dickinson ps. Etjah II. Kimbal-In
exchange, he put in answer, denying that he had
any knowledge Of the facts set out in the mplsnt
The answer being evasve, and intended only for
lay, ana the plaintiff being unnecessarily subjected
to the expense Of trial, Judgment was awarded for
him for the amount Of the bills with 1e per cent cost
additional ON the first $500 thereof and per cent cost
on the residue, besides costs
Thomas s. Dickinson Us. John c. Beardsly and Lu-
cius Beardsiy.-Both the defendants having pleaded
allowed under section 23O of the Code to take
judgment against one
SUPREME CouRr-GEsEaAL TEnM.-This court ad
forsou
Monday.
SUPERIOR COURT, Nov 1s-DEcIsIoSs IN BANco-
Clayt0n ~ Coo'y-New trial granted. Costs to abide
Palmer sdsm. Seymour Motion for new trial de MED
Jackson ps. .adams.-Judgment affirmed
Rank,n, Jun, ct al adsm Lons.-Judgment for
plaintiff on demurrer to declaration with leave the
to plead on payment Of costs in ten days
after notice of this rule and taking short notice Of
trial for the next December term
Ceraghty Us Malone.--Judgment affirmed.
Smith rs OIphsnf.-Rule Of 10th November, inst
amended as follows: The plaintiff to have leave
to withdraw the replicatons held bad and may reply
de nero and also 1t Is ordered that the plaintiff may
amend his declaration if advised, payment Of the
costs of pleas which may thereby rendered
necessary and party is pay costs Of the de.
decided against him. in ter days after notice
anderson ps. johnson Ordered that appeal be dis.
missed with costs.
Feeny rs. Fitzgerald Ordered that the justice be-
all proceedings had before HIM within ten days after
,ervice Of The order and notice Of this rule.
Common PLEAS Nov 1S.-Before Judge Ulshoeffsr.-
Darid Collins u.s. Enoch Morgan. This was an action
of trespass to recover damages from the defendant
for going to the house of the plaintiff and creating
disturbance there 1t appeared the plaintiff and de-
PENDANT had dealings and that the latter claimed the
former owed him a balance on foot Of account
The defendant went to the store Of the plaintiff
disturbance and in the hearing and of seve
raj persons In the store, called plaintiff rascal &c
and frightened the parties out Of the store The jury
rendered verdict for the plaintiff, for $500 81 da-
IMAGES
Before Judge Insrabam.-James Fury, BY his Guar
dian, rs Dauid Bonnet and Mahlon Bonnet This wa.
action of trespass to damages for injuries
sustained by the plaintiff from the bite Of deg In
July last the plaintiff child Of about five years old
with the defendant's dog: According to the state.
ment OF plaintiffs counsel the child was knocked
Sy sn
not agreed when the Court adjourned, and were d.
rected to bring in sealed verdict on Monday morn
ing.
Mitchell Us. Cochran.-The jury in this cause, which
was reported In yesterdays paper, rendered verdict
| In favor Of the defendant.
! COMMON PLEAS, Nov. 1S-Ar CHAMpERs-Before
Judge Daly--.aAeged Imprisonment of a Wife 6y her
Husband-In the middle Of the week, Mr.. Win. r.
Miller applied by petition to Judge Daily for writ Of
habsas corpus stating that his daughter Ann Aus
tin, detained and imprisoned against her will by
Charles Auitin, her husband, at 293 Broadway for
the purpose Of preventing her from coming to petit
also to coerce her to sign some written instrument
affecting her rights to property. The petitioner
ther stated that said Austin would not allow his
wife's sisters to visit her; that Mrs Austin at
present aboring under indispostion and that
It was absolutely necessary that her family should
have access to her. TIE writ Was granted In pur-
suance Of the prayer Of the petition, returnabe this
day. The parties attended with their counsel and,
after some discussion between the latter his honor
made order that Mr.. Miller and his daughters
should be allowed to visit and with Mrs Aus
tin. Thus the matter stands for the present.
| CouRr OF GENERAL SESSIONS, November 1S.-Before
the Recorder and Aldermen Mex night and Fitzgerald.
| Sentence for Keeping Gambling House John Har-
rison, who plead guilty to charge Of keeping Q
gambling house, at No Park Place, called up
for sentence this morning The Recorder, in passing
sentence, commented at some length upon the perni-
cious influence Of gambling houses, In the city. He
told the prisoner that the records Of the Court ex
hibted three charges Of this nature against him. The
| Court felt disposed to carry out, with wholesome
severity the provisions Of the law which marked the
| keeping Of gambling houses ss . punishable crime
The sentence Of the Court was that the prisoner
should nav A fine of A2h0 and be imnriaonad In fh.