The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-31
Supreme Court-speclaI Term.
Before Justice Edmonds.

4 Dire. 30 Decisions.-Ross NJ Wood, 60, vs.. Cady,
administrators. Sc AN administrator who refuses to
pay valid claim against the estate, merely because 1t
isswoTn TO by only OF he clsmsuts who part
ners, guilty of unnecessarily resisting It, aud Is ls
BILE In costs OF suit cDnsequeot thereon John Salu.
tat vs. B. F. Dowues and othsrs-Under section s6s Of
the code Of procedure, the time for putting in an
limited by section l2l ofths code b. enlarg
ed we'll after before the expiration Of the 20 days.
Maria Moncton Va. Luther M,noton-F eg ned issue
awarded. Ann Elizabeth Hsssel VS. John Hassel-pe-
tition for alimony and OF suit dsoiee The
same, ads The ssme- s,mlsr motion denied In this
suit and papers ordered to be laid before the Grand
Jury Ann Davis w Albert Davis Marriage deolsred
null and void by Of prior marriage
Joseph Thompson VS. Frsncker and MoKsv--Motion
to set aside answer as frivolous; denied With costs
In the matter of Barney Ccrse, pstitio nerrhe ba-
lance being found a reference against the former
trustee ordered that his executors pay the costs Of the
granted. AugustusC Rainteaux vs.. Charles williams
Motion to set aside inquest; granted on syment Of
costs Of inquest and motion David s. Mills, jun.
John Thursby An Injunction cannot be dis
solved motion without notice, under section 2i2
Of the code. 1t can be vacated or modified only
notice, pursuant to section 1885, motion for attach
ment denied; order vacatipg the injunction aside
and Injunction restored. Jacob Miller vs. Edward
which the plaintiffs cause Of astion Is founded aud
merely denies gene ally that the plaintiff has cause
OF action, is frivolous, and will be stricken out
Randolph Lowerre VS. Della Vandervoort- Report rs
to surplus moneys confirmed. Hannah Goodridge VS..
James observation-disclosures granted. In the the matter
Benjamin w. Benson vs. Edward F Cushmsu -Ths
code In requiring that the party in interest should
bring the does not alter the old mode Of pleading
that the words for value received imp orted
siderstion as between ndorser and indorsee Demur-
rer everruled frivolous and leave to de-
MED. Charlotte Gardiner Va w. C. Gsrdner-Dvorce
denied because the papers do not hsw that the person
whom the process served the defeu dant In
this suit To guard against frauds In serving the pro-
cess on person who Is not the real party evde
Of identity must In all cases be furnished George
Gregsrson Mathew Madegsn-A complaint is not
court may see at to grant The relief must under the
CODE be specifically prayed for; and when the general
prayer Tor RELIEF used with th neral prayer
efonly can be granted as consistent with the case
stated in the complaint Motion for reference de Med
Gabriel Shaw and Others vs. Thomas G. Talmadge and
others Reference to the claim for SIC 500,
toned In the decree extended tae claim OF $4,000
reserved In the same decree 1t being competent In
this one suit to determine both controversies John
Schermerhorn VS.. James Anderson and others.
Motion to allow INSTEAD of three bills Of COSTS
denied without prejud to on other
Sarah Eliza Henderson vs.. Daniel r. Henderson.-
Divorce denied the summons published not being
copy OF that which was issned, and the affidavit on
which the order Of publication obtsned being In
sufficient.
Gu. ious Casa case was decided this morning by
Mr.. Justice Edmonds, which most sxtraordi-
nary phase of married life. 1t appeared that bill
was filed by Mrs Hasssl against her husba nd pray.
Ing divorce, on the ground Of adultery aad that
Mr.. Hasse fled bill for divorce against his wife,
also on the ground of adultery. An application was
made in both causes, ON the part of tbs wife, for
order for alimony, and for funds to prosecute the
suit instituted by herself and to d-fs nd the inst
tuted by her husband Affdavits put in by both
parties. Mr.. HassslI in mis- affidavit stated that his
wife had left him several years ago and married sno
ther man. with whom she lived four years. Mr.. HIS
affidavit was corroborated by four other a davts,
OF which was made by his son. IN the other side.
there was but the single affidavit of Mrs Hsssel de-
nyipg the allegations made by her husband His
honor raid 1t extraordinary case felt it
to be his duty to the papers before the Grand Jury
that they might take such action them the
required He then directed the clerk to enter order
to that effect the minutes, and that the papers
shouid DO cent to the District Attorney with copy
of tie order.
Superior Court, In Banco.
DEcEMBER Decisions-Heary w. Warner ads.
-Adopbus N. Gouverneur ct sl-Appeal dismissed.
Martin Schultz ct al plaintiffs I'M Michael
Mccain, defendant In error Judgement reversed,
without costs Edw'd Stone vs. Josiah +. ksndall-Mo-
tion for trial denied. Thos Murphy al, plain
I,ns - ss,nr va VIM Mooney, defendant in error
Judgment FOR defen in error on demurrer To the
pea, and Judgment of court below aairmed WIN
Corp VIM. BrownJududmcut for desordart
James w. Corlies, appellant aus Mayor, &c of New
York, respondents Judgement reversed, WITH BIO
costs John +. Mitchell vs. BENJAMIN Townsend-
Judgement for defendant.
The following ndme nts to the general rules adopt
ed June 24h, lS4S take effect the frst day Jsnu
ary 1S49 At the end Of rule two, add the following
words wig: During the general term, of the JUS
tices will hold Court Chambers daily, ct 10 O'clock
A. NJ, for the purpose OF hearing and dsposing of
csures under the rst chapter of title eight Of the
cond part of the code Of procedure, and all motions
and applications which may arise in such causes
In Rule 7.-After the words Court bs,ow," in the
It'll line, insert "On counter affdavts being served
course. directing the Court below T. make return"
and at the end OF the rule add THE appellee mus;
serve the sppelsnt copy OF his answering argu-
cause and the appellant may furnish to the court
LAW Intelligence.
SUPREME CouRr OF UNITED STATES Dec 90 -
No. A. George Smith, plaintiff in error, VIM Tur-
This cause argued by Mr.. Van Vuren for the