The New York herald., 1850-03-11
supreme Court.

of i'm proper conduct dsproved and the report Of the
referees should be confirmed, with coets.
supreme Court.
GENERAL TERM.
Before Judges Edwards, Edmopds and Mitchell
March 8 = Edrin u. Morgan and others Frederick
.aruy In this es.e the order of special term is sf
Helen Mor,Mr Thomas Mo,rin-Order Of special
term affirmed, with costs
SPECIAL TERM.
Judge Edmonds will sit this day Saturday, for the
Purpose Of bearing special motions.
Judge Mitchell viii also hold special term in the ge-
SPECIAL TERM.
Before Judge Edmonds.
MARcH e.-.an Lntoieratie Nuisanee Gouperneuv Nor.
ris and Leris Morris rs the Mayor, &C., Of New York
This vas an application for an Injunction. Mr..
Walter Rutherford, on behalf Of the oOmplansnts,
state That they and occupants Of land ct
Morrifssnia near Rsndais Island that MIR. Norris.
With HE family and large number OF workmen, reside
sss and that IL jur.d and deprecated by
means OF pussBce arising from the manner In which
New YORK IN. moS. Of ans burial
complained Of 10 very objectonsble-s trench is dug
the grave 10 allowed TO remain open for days together
and then acoverng Of earth so slight is put on, that
TIE boxes IN many instances are exposed Frequently
collins cont aiming bodies in horrible state Of decom
postion lie t,posed polluting the air and endapgs,ns
M ssSs 1sa srss and renders S.sh snS
life unsse and ipsecure and the possession OF property
there uncomfortable. when the mild weather sets in
the bideous of corruption will be accumulated so
to poron the very stmosphere and render the pre-
cent mode Of burial there nuisance Of the worst de-
scIiPtop. Cemplsinsnts also urge that Randalls
leland is wholly unit for such purpose. because the
graves cannot be dug ak feet deep account Of the
rock which lies but four feet below the surface; the
rock therefore prevents the reekng deposites from
sinking and corruption Is retained until the evapors
the Tie defendants propose to build vaults which
IL s alleged will be equally Questionable. Counsel,
tion, to restrain them from bursing on RandsIl's
leland and also from building vaults for that purpose
or 20 direct that bodies broesht there for burial must
be ire q nfna mi In ha tba
depth OF Elk feet and that the corpses must be covered
with sod earth within three hours after they arrive
Juose Eomopd. .sid that they must frst have the
Corporation indicted before the Grand Jury for a
nuisance al then the plaintiffs could apply for In
Junction. This court granted injunction against
. daughter house because there . conviction for
not depends upon how II is conducted. Bodies must
be buried somewhere. Our court organized that
we cannot hear the application. You must fret have
IL tried; II rs the uniyerfai practice.
Counsel for psintis contended that the present ap
picat,on s the proper remedy and that 1t Is within tss
Jurisdiction II thir court He referred to Story, vol 2
psge .03 The city authorities ought to deem thsir
bret duty to protect and guard the lives and health Of
aintain nuisance upon their lands, than private
person possesses his Is laid down In Bower vs.. The
Rep 257 Counsel then referred to Cstiin vs. Valen-
tine, page aud said that injunction granted
In that case sgainst slaughter house although It
denied that IL would be nuisance This s preven-
tive remedy TO restrain them from erecting vaults,
baryins in any way except as provided By their own
rsstFsp them from the mode ct present pursued and
It the creation of vaults.
Judse-I afraid II you bring that before me,
shopld maize mistake and think myself the Legs-
Ature and ref'r TO eomnittee. tLsughter)
Coupsei-Two grand juries have presented the Cor
porsti,n for the nuisance.
Judge why not get the Grand Jury to indict them,
instesd Of pes.n'ipg themf I ssnnst ss ., present
advised grant the IA rjupctiop. Motion refused.
Before Judge Mitchell.
hAhoH He.-DtcIHons.-Mayy H. Bolton and Osh,rs,
rs Fred,rSk lie Peysfer snd Ofhus.-Motion for relief
MI tan Tn def
land and wife Domipick Lynch and George n. Lynch
.1rroid Nelson Is. tie mayor, &C.. " Nsv York-No
$40 eosts
.sB,rf }. D,iatow r, ia, r IT, Wanin aad .ano,her
Order TO show csuss laid over TO 23d inst.
mint against the shsria Of Columbia county granted.
IN. Sane rs ne same, In four other cases and In all
attach ments granted
Nanari,i Putnam and wife rs Be,sey Putmsn and
s.,sn ns was PARTITION suit Reference to Peter
y,nesnt.ns n a. Ckaui,t &C.. 70 George n a. ChauIet
decree for separation from bed and board and other
matters.
Thomss Hsrriscn and Others us .slfr,d De Wat and
Ohevs Petition for payment of before dstribu
uon o. ssssis Order granted ss prayed for.
yam., msrs m ~ hsn'y D,tmsrs-Moton to dsmiss
cen paint Tor want Of prosecution, granted.
Gas. =. Watkins rs Hitism Lfttnfsfon end Or
Jpdsn.nt and decree for sale Of morgsgs, n,.,n,...
grsHtsd. P'emises
.ssss,s,r j. Cotl,si rs. .ai,r. B,,,,, a.,
giart.o. y" S"e'n '" n'"ssS ~,
Js.r.'n 4, s's or,er. ". H,h.mish o.soyn,.-Mo-
t,,,,,,, " " pot In reply granted
- ..-'. IN Ohrsr Dopdert,H ard Oflers-Mo-
we. IA. cut sns-er as friv,lous denied without
osfstasrt having leave Co demur.
rahs,'isi Wssd 10. Nicholas n Tan Brvnf Motion
Ter leave 20 Ole tuppi'mtntsl answer granted.
h,r,p u. C'rg,' -. g. Dopg,as aud Otlsrs Motion
10 vscste order of Isnfsr TO Superior Court granted
-A