The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-30
Inv Intelligence.

IMPORTANT DEcrsIoS.-The question whether an in
dictmsnt for bigamy be sustained against party
who divorced for cause had married again, up at
thcas te of the Supreme Court Of the seventh dis
trict in Rochester in the of the people Luther
H. Hovey indicted in the county Of Monroe for biga-
my Hovey pleaded to the Indictment admitting both
marriages. but setting in his defence decree Of the
Court Of Chancery dssoving the marriage with his first
wife, obtained upon bill filed by her, charging him
with adultery. The decree is in the usual form. 1t
dissolvcs the marriage and declares that the parties
and each of them freed from the obligations there
off, 1t also contains clause prohibiting the defc
from marrying again To this plea the District Attor-
ney demurred and the defendant Joined in the demur
Ter. The Court Of Oyer and Termincr sustained the
demurrer and the brought into the Supreme
Court by writ OF Judge Seldom whose elaborate
opinion Is published at length in the Rochester .1dpe
tse OF this morning. reversed the judgment Of the
Court of Oyer and Terminer but said the defendant
will not therefore, necessarily 60 unpublished though
escaping the penalty Of the act against bgamy for
psnatcsby other laws The fourth section Of the ar
tiee on marriage, r. s., I'd ed, "a makes the mar
rage void thus subectng the offender to the painful
consequences OF public disgrace, egtimacy of chill
dren, etc. In addition to this, a marriage being
absolutely prohibited by the foryseventh section Of
the act concerning divorce; r. s., I'd ed, p so, is
punishable ms msdcmeanor by the act, r. s., I'd ed,
p. 5S2 soc. As.
CouRr OF APPEAls-The May term of the Court
Appeals will be held at the court house in the city Of
Brooklyn. commencing Tuesday, May LIST. There
121 the calendar, increase Of III since the
March term. We give below number of causes first
in order upon the calendar:-No. I. Lemuel Sawyer
and wife, appellants, VS. Eleanor Clark ct al respon
tits in error VS. the Mayor &C. of the cty of Brook
Ign, defendants in g. Francis Griffin ond Others
appellants, VS.. Hiram Barney respondent. L. Cyrus
Barlow appellant, against Mary Barlow and another
respondents s. James Rice, plaintiff in Ed
ward Floyd, defendant in error 8 Joseph II. seguine
and neither appellants against Henry s. seguine res
pendent. 7. Albert Wycko plaintiff in Peter
Lott and Maria his wife, defendants in s. Henry
Worrsl and another, respondents, against David G.
Judson. appellant. Jacob Slason, appellant against
Caleb d. Barrett, implicated, Sc, respondents. 10.
William Smell plaintiff in error, VS. the IIcrkimer Ma
nuiacturlng and Hydraulic Company, defendants In
error ii. Cornelius McCoen, ct al plaintiffs in error
vs. Mortimer Calkins, ct al, defendants in II
Eliza A. Vrooman appellant, VS. James Jones, appellee.
yens, ct al, respondents. H. william Wooden, appel
hnt, George Waffle, ct al appellees Is Edward W.
Leggett and wife plaintiffs in error, Erastus G. Per-
kins, defendant In error 16 Henry NJ Western appel
liant. Geo II. Kelsey, ct al respondents IL Nicholas
o. Kortright appellant Robert Ainslie respondent
49, Nicholas @. kortrght, appellant VS. Robert Aims
lie OF al respondents. 10 John Brooks, plaintiff in
error, The People, defendants in error 90 George
y Post plaintiff in error, VS. Philip Kcarny, Jr de-
David Reeves ct al. defendants in error %
Samson Boiceau, ct al plaintiffs in error, Andrew
Blot, defendant in 80 Henry Stevens plaintiff
in error VS. Abraham O. Thompson defendant In error
"a. James h. Southworth ct al appellants. Charles
H. Dooittle respondent. 25 David Cothoal appellant
VS.. AbUah Fitch, ct al respondents. 20. John Peck
appellant, We. David l.. Sayre respondent n. Ebene-
Coson, Jr appellant Hiram r.. Storrs appellee
a. The Corporation of the German Reformed Church,
the city Of New York appellants George Lovett
respondent 30 Charles Pitt and another, plaintiffs in
error VS.. Samuel Congdon. defendant in error 80.
William NJ Baxter plaintiff in error, Noah T. Pike,
defendant in error. 81 Burr Waterman plaintiff in
error arnum s. Kenyon, defendant in error 81.
Nelson Sage, respondent, against Watts Sherman and
others, appeiA nts ~ George Pearce ct al plaintiffs
in error vs. Andrew M. Hitchcock, ct al defendants
In error. a. william Couch, ct. al surviving assign
ees appellants John +. Dcapaine surviving execu-
tor &c, respond dent IS. John r. Delapaine surviving
executor, he, appclle,t. VS.. John II Graham, admit
sfAtrator, SC, respondent 90 The President, &c OF
tfHs ia error Enoeb " Clark, ct al defendant In
ss,or,-saAsny .atiss.