New-York daily tribune., 1849-06-11


srr,Rios CorKr-Bcforc Justice. Duer. Mason ami
Campbell d cctstons George n Ford vs GEo Bab-
t Iri cssfsrhc Court held that under the provisions
f The .iih section OF The statute Of limitations u r :.
~ successive departure. and residences out OF the
10 be taken into the account IN computing The
umc within which an action must be commenced, and
frudan is In or uf the State when the OF action
sccrucs Demurrer 10 The third plea overued and de-
20 The second aud fourth rephcaons 10 the sec
ond pca allowed.
Halas~ Ji-e, Bogg' adm. vs. Raacl Foy,yih-To bin
rkus aside settled account for fraud. and alleging
that the sud had been discovered within short time the
defendant pleaded That the cause of action accrued more
sn years and that the fraud any had not been dis
covered hn ~ years before ne ming 81 ihe nlii hen
ha the pisa not doube-that II not necessary Ia
the plea 90 deny the fraud 10 was sufficient 10 deny ~
discovery wlmn sN years ana me answer IN support u
the plea denying fully the equitable circumstances stated
tn the bill. the plea was allowed
~ iAilw r. Laurence " John 4 Pool-leid that De
PENDANT the argument of plea bi, cannot sustain
hs plea hy showing that the bin is defective the rule on
tins subject NJ law not having been adopted IN equity
plea which rcics on decree sought b the biz 10 be set
aside for fraud. deny the fraud 10y proper averens
and must also bc supported by an answer fiea over
ruled. with costs.
Taebc Jane Cs,gcnfc, admir-, VS. John s Proroo,f and
Ja-ss Provost Nv crocaios of Mary ProrooHed that
upon the death OF coobhsaor IN Joint bond who was
surety. his liability Is At an end, and no action
can ho sustained against his representatives. al law or in
roniiv Bill dismissed as the representatives Of Mary
Provost be paid out OF the estate Of plain
a. iniestRte Decree OF sale of John Provoosi's IN
crcsf 20 the mougHgcd premises
H,qiia Chlacey lane Aion-o b. Lane - Demurrer
Robert IRELAND Others The Mayor SC Of Neir York
The Corporation of NewN ork granted 10 John Jacob
Asior his heirs ana assgnees the right collect wharfage
fees from psrucu az lot, on condition that he would Ill
up the and grade IT, and forever after keep in repair
tie wharf eservng themselves the fee Of the land on
which The wharf 10 be erected Held that this an in
corporea herediiamcrt Held farther that II was not a
subject of taxation within the Revised Statutes Defend
euloinci from assessing selling the estate OF the
plaintiffs m the wharfage for taxes
Utg.lsi Reqicick adm vs. stephen Mack and others
The defendants this having filed bill in the Sixth
Circuit by the pleadings in which all the questions
raised and tha, Court having first obtained jurisdiction
ordered OF proceedings In this suit until the final
termination Of the suit in the Sixth Circuit.
sarah Cure and others The Mayor Of Neic- York
Bill di ismissed without cost
UNITED STATES DISTRICT CoCRT.-Before Judge Bets.
-Sentences-C IIf John I1gydham. convicted Of an
sault upon Of his with dangerous weapon. I'VE
believe an iron beaynC-pnl sentenced 20 imprsOn-
hard labor for mouths and 10 pay fine Of 81
Geo. Jacobs. cOOred of the Of the ship
Zurich, convicted of assaung the Captain with danger