The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-07-08
Supreme Court.
SPECIAL TERM.
Before Justice k.dmonds

Before Justice Edmonds.
July T-DECIsIoNs-J John Nc Knight ads. Samuel w
con-moton TO set aside judg nent entered report
Of retire. denied with costs. there not being merit
enough in the defence to warrant any farther tiga
ton.
Charles III. Hall rs. Benjamin T.. Benson-The whole
equities Of the complaint not being denied and ii be-
ing evident that the whole controversy between the
parties be better disposed Of in this suit than ele
where-the motion to dissolve the injunction is de-
MED, the costs to abide the event.
Davenport and Crawford Henry Cole and oilers
The wfc's motion denied, because not proper in this
suit her remedy being either before the in
separate suit to be brought by her against the plain
tins Motion denied with costs.
Sophia Pouiene Theodore Pouiene-Marriage de-
caIed void by that the defendants first wife Is
John T"irp Is. Sarah TriRp-slOtiOn that plaintiff
pay alimopy granted with costs,
Charles a Floyd rs. j and H. DeaybornIn pleadings
IN der the code the rule that prevailed In suits
is to govern viz that the pleader sha only the
fact which his of action his defence rests
and not the circumstances which tend TO prove that
fact The party pleading has not right, by averring
PREDATORY circumstances to demand from his adverse
~ an admission or denial Of their trust. Motion to
strike out avcrment from granted costs to abide
James Wilson .qdainisfrcior, &C. rs Joel r. p Saith
Who're the lien Of judgment has ceased by pse OF
time the Court will interfere. in summary way on
ttlalf of Coma de purcha aud order perpetual
stay Of execution, unless the Judgment creditor shall
rn,sfy the Court that there Is probable for al
legng that the purchase not bona Jide The mere
allegation Of the creditor that he thinks he prove
that they not bona de purchasers is not enough
Melton stay rs on the exec uton granted
.ya"a oh'is.-Mo'oh ior Judgment OF discontinuance
ir I'l cenaSe On the amount Claimed anu LOT rete-
ft1tt 10 ascertain damages on Injunction denied
The Iuttc .idmint frg'or rs, Vofer Meat and ohTs
An order, rtmo ling an administrator, having bseh
duly aPpt aCd from, IL b regular for him proceed
with suits. which he have brought until the dec
ecn OF the appeal and any default taken while the APP
peal Is pending will be regular though the order re-
moving him be subsequently affirmed Where an adj
mnrator IL changed IL IL irregular to revive the suit
la the Of tho adm by application
yarte. Where the defendant has already appeared
In the suit, the removal can only be by motion and
that in such must be notice the other par
y where the default of absent defendants has been
regularly taken will not be opened unless they give
security for the costs to which the plaintiff may be
ttbocted Motion to open default granted, on terms.
Sa"u,i Gourun.ur's Executors rs. Warner Frdry.
Mo ion for receiver of the rents and profits Of pre-
mscs not in the actual CccuI alton OF the mortager
granted. As TO the premises thus occupied. there
must be an application for occupation rent Order
to be entered in iutnam county.
j. strdpt sarrirrg Ero'r ~ Hester ConckiiH A paper
ftund among the clothing of the deceased having
cate Eor signature but In her handsritbg referring
t. suutry other matters, and only by implication to
the suiJ'ct matter Of power Is not valid execution
OF po'er reettng Executors TO pay over fund to
such 9 son, and in such manner a. she by writing
under er hand may Ct II the paper executed