The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-30


ExrREssEs-The want and incon veniencs experienced
by the irregularity of the mails are measure rene
Died BY tho attentions of Messrs Adams & co Gay
Co., Harnden & Co, Monroe Co.. Mscgregor and
Messrs. Cloyes < Dennis, of the New Haven Railroad
who urnish daily with papers from almost every city
within 400 miles of New York.
Law Intelligence.
SUPERIOR CoURT, Jan. 10 In Banco-DEcDioNs-
Raymond Huf.-In this an action was brought
in the Common Pleas and judgment entered for $50;
and Immediately after an action was brought in thu
court upon that Judgment. An application is made
to stop the second action the ground that 1t
p.nss The Court doubted they had an authority to
deprive party Of his remedy, and denied the motion
tanned in this court upon which an execution was Issued
to the sheriff Of Columbia county under which the
sheriff levied and It is alleged he levied and sold
made to compel the sheriff to amend his return by
making certain disclosures to enable the defendant
sustain an action at law against him The Court said
they had no power the sheriff of another county,
except to compel him to make the ordinary return
judgment issuing Of this court They had no juris
dioton him, there any ground to comp sl
him to disclose facts which may be used against himself
nor did they know Of return except the official
return. II the sheriff Is guilty Of NAL practice In
resort to it: We therefore, deny the motion.
defendants in e,ror-Ths Gaze GENES before us on a
certorari from the Marine Court The defendant sued
Of her sister the decision the Court below Was
that she was partner, and do not that there is
any ground to interfere with that branch Of the case
but another defence set which think fatal to
toe defendant The account to the amount of
which the action is brought was commenced in 1882
and ended in s42 and it contended by the defend
ant below the whole Of the covered by
the statute except six dollars The question
the Court below the whole of the items
covered by that part Of the account which accrued in
ls42 the court below considered they were which we
think was wrong Judgment reversed
Herdn Pdrick and ain this case application Is
made to set aside verdict being contrary as is alleged
to evidence quantity Of pork was delivered at the
81 INK one snS ana 1t
jury found verdict for plaintiff against Rker, the
owner Of the yard and acquitted the other defend
verdict where the testimony equally balanced on
sides-in such the jury the most competent
Yalkner vs. Hudson.-The Plaintiff husband commit
ted suicide but before his death made his WILL and ap
pointed defendant his executor After the death Of
session Of the house and furniture The widow now
Hudson and another in action of trespass
sona property There was question raised At tho trial
whether she was the widow OF the deceased not 1t
there said that he before married and that his
wife was living. That may be so, but it clearly
proved that the plaintiff married him; and the
court directed the jury to find verdict for her subject
to the opinion of the court and the jury found
ngly There statutes which apply to this case
the nrst providing that where dies leaving widow
appraised and portion OF 1t set aside for the widow
and children; the other statute directs that certain
other articles be set aside in addition and the question
could take property legally 1t appears the property
taken and appraisal, tho will proved and the widows
after this suit was brought We do not anything in
that We think the paintf cannot sustain this action
it . quite evident the executor must have right to In
terfere and take possession Of the property If he
abused his trust, then he would be amsnabe to tn
court but this action is not put upon any such ground
We therefore think the verdict cannot be sustained
Judgment Of non suit
Langley rs Warner-Ths was action of assump-
Sit brought by the plaintiff against the defer mt for
certain moneys obtained by the latter belonging to the
former verdict was taken, subject to the opinion of
the Court A suit was brought in the Marine Court
against the plaintiff, and judgment obtained az aipst
him. aBd the oath Of danger taken. whereupon
cuton was issued and the levied paid
and the judgment in the Marine Court reversed The
only question here Is the defendant liable plain
tin for money had and received We think he is Judg
ment for plaintiff
Deiaontcor the Mayor, 8c-In this case, the pein-
TIN brought an action Of trepass against the Mayor &c.
for damage done to his premises in hanover street. by
building q sewer In that street Upon the trial the
plaintiff was nonsuted and application is made
to ct It aside Motion granted, and new trial ordered
Ledrin rs. Pufnam-Judgment of nonsuit granted.
brotoer, receirer, u.s. SUPERINTENDENT for plaintiff.
COMMON PLEAS In Banco-- D.eisions-The people,
&c vs. Debaun ct alThe action In this brought
upon recoguizsnce given for the support Of wife by
her husbaud subsequently referred aud the
rec reported in favor Of the plaintiff, The principal
point in the was whether the pa ntifs could
The said the grounds defence Ia this case
similar to those taken in the of Kingsley al ads
the People decided In the court the 10Th June,
ls47 After having fully considered the points In that
case we conclude to sustain the verdict in this
We are therefore determined to sustain the report
Of the referee Ia this case. Shultze &C. VI.
Hass &c.-This was an appeal from an order
made at Chambers; the motion upon which the order
was made was for commission after issue joined. and
proceedings and gave 81 costs Of opposing It. C:der
affirmed, and appeal dismissed with costs Bradley Va
at Chambers appeal dismitsed plaintiffs costs OF resist
Ing to abide the event but defenda mt may secu
ty for costs within ten days, and urge on the trial
murrer defendant may amend plead anew, and give
notice on payment Of costs 81 Brewster vs. Striker
Same Morrieon-Verdicts In both cases set aside,
and non-suits ordered.
The $4,000 DRAFT CAsx.-in the suit of General
Levi Harrs Of South New Berlin Clark and Others
draft Issued Ivy said Smith previous to his death
and sent in letter to his sister Mrs Harris and not
noticed until several months afterwards The suit was
hrst tried at the Otsego Circuit before Judge Gridey
about two years SINCE where Issues were presented
FIRST question Of fact whether the draft genuine
and seconds question Of law whether, II genuine 1t
was colectabe The court decided the law question in
favor Of Mr. Harris and the jury found the draft
was genuine. The suit then vent up to the Supreme
decision of Judge oridey in the should not be
affirmed non suit might be entered that the Gauss
the formsty Of new trial The cause was therefore
argued before the Supreme Court in Utica Inst fall and
the decision postponed until the Court met at Syracuse
a few days since. The decision has just been an
nounced, and the plaintiff suited SO the cause will
now go up to tho Court Of Appeals and uples the opin
ion OF the Supreme Court 10 aside and that of Judge
Gridey affirmed the generals gold heap will turned
to dust and asbes-Orford Tines
SUPREME CounT OF THE UNITED srArrs-January %,
is4eN NO a. Martin Luther plaintiff In error vs. Lu.
ther Borden ct a. The argument Of this cause ives
concluded by Mr. Clifford for the plaintiff In error Ad.
Journed till Monday, IL O'Clock
REVOLUTION IN BoLIvIA.-A letter from VAL
parais0, dated Nov. 80, says" A revolution has
broken out IN Bolivia, which promises to be sue
cessiul In dlsplacing The present government.
A SPLENDID EPsTLE-The illustrious DR.. Colyer,
author Of the Model Artists and other works, alter
having Delivered phrenologY eameriam and