The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-10-14
supreme Court.
GENERAL IkRs.
Before Chief Justics Edmonds asd judge I'd gar Il

GENERAL IkRs.
Before Chief Justics Edmonds asd judges EiFHis
and Mitchell.
Der. l2.-Ths Warner -31sU ssa'n:- Mr.. Jane. 4.
ssy %Sy.e to s..o j, o1s,,U1 ~
Doctor Mofst nom selling the furniture library. and
other propsrty at rhcnss srnel, from whom he had
warner read by counsel SIT forth thos. accusations
sgsinst her hnshana Witch have alrrady been ir'-
OF adultery, witch he admitted aud having ,peoi0sd
the amounts Of his real and personal property prayed
for divorce and that provision be- made zoe herself
and her son, then follows q statsmsnt that Mr.. War
possessed Of house la Duane ttrest. which
he had expended Sii 600 aud ,hosiug thai he sas
abundsnty solvent, and had eonfinu.1 20 reside In
city Hall pAs. until tb. Isth Of sspts IN b-r vhsa q,
she (hrs 10 informed and believes, he ab-cond-d
and vent 70 Europe anf that she is nov ontirJ DE-.
titute, aud without support No- c0mneaces tbs
complaint, said Mr.. Brs0y, about DR. doast. sns
states that her sut against Thomas warner, f1r adi
vorce END slimohy, a. matter OF public notorieiy,
and must have been kno-n 20 Or Moist who was
examined risl In this city sgsiBrt samuel Drury
and In which VT Wsrner vas eosoernedi thai naaat
entered up Judgment sgaiost Warner on ths isth OF
september nj tSeIty minutes past three ooloos that
the judp meat vas obtained \ ecri-~isn Inads By
Warner en- the llth Of September, and tass the
lean which vas said 10 h. given By Mgn.t to
Warner, enc for vhich the Judgm nj con
Tered Wa on the loth Of ssp,emb-r. hen abe states
her belief that this OF - Go not l0sn-1 bI
Mofiat. but ibst ths Judgment was fslduen. sai
VOID and given for the purpose Of d-frau Inc her out
Of her just and ls~fu claim and shs respectfully sub
mite that the same sEoaid not b allo -ed 70 ~ at
her clsm she further ftates that Doctor Mof-t
advtrtieed the Library and property % warner fDr
ssle and that ~ confent the fsl- t0os place the
understanding that The produce 10 remtin IN me
hands 81 the shsrif and she prsys that Mefss Be
RESTRAINED and that r.cerer be- .ppo,u ia over the
rents and profits The learned tnsn al the
AFFIDAVIT Of MI Coleman, n.law Of Warner. who
states on be inofmstion ana belief that Warner lett
Bosttn for gsrope. tbe 18Th September; that Not
TAFT -ss Priv q he sbsoonding aud that The jadg
mebt vas Obtained for the purpose a dtfrsudng Mr.
Warner Nos, continued Mr. Brady. ths snswer II
Doctor Mont states that h hss no kno -iedrs to
the complaint except that he specifically admits ssf
dsnit he then states thai be has no p~rsohs SuoSl
edge Of the char gee against Mr. warner except from
he osn admissions the trial Of samuel Drury u
true that Warner ccBtinue1 90 resid- % ~ CITY Ha
place up 90 the i4th OF September when he (donstp
believes be vent on board the steamer America Ia
jersey CITY and In that Gay FOE Enrop~ urdsr
a,sumed name; that warner told him h. vead allos
alinony to HE ~ife according to hs aeaBt, that
the $500 -s sdvanred ~ him ~ wsrn.r ia good
faith. that he heard from wsrner the day before be
business, and that he ali NOS knou bslieve
that II was ks determinaticn TO leave the Upitd
STATE, and settle Per msnenty s-sy Tvs, y y Utterly
$500 vas rot granted BY him AoGs. or thst " sss
20 prevent ME- warner frcm obtsn ux her .limpoy-
that be hrri p.id Warner what he ossd hin Tor his
professional services and then made the advance ~
$3.50 strictly, legally. aud from hi kaosiet<e of
warner, and .he isBJship snd good feeling he
tained towards him for a fathfa and honest de.
charge 81 professional servics for number Of v~ars;
and that the loan vas not made through aoy secret
understanding betssen Warser and himself Deteu-
dsnt admits that the real estate IL ot sus
satisy the judgment he VIII look 60 warnsr or the
balance sneto have 10 paid out Of The VI pro1ta
The ssepmsrt set forth that aodst 4 pay s533
20 W ~ Thompson. b,iag balance OF money ioigst By
Thou pson Nth Warner and 70 b. paid back 10 him
vhen Margaret O'turpor vas frturnp1 ~ Nassesha.
sstts There was ao paymsnt Of $500 a. he made %
Miss Busby The defendant denies all the aegsli0us
OF fraud aud esys thst throughout tll the psoceengr
he acted IN honesty and rood faith Mr. Brsdy then
READ the aadsvit Of Issac smith. bookkssrer of Or
Mofat, Who states that be prcarpt when MOast
gave Warner $3.50 In cash aud the baisnca IN checks;
snd that h. has since toe chgrks uheh ptt
b. the banh The learned gentlemen then eontsrdei
sgsir n the reht ofths injuuetiou ard tlat Mr. Wa
not Judgment creditor, and therefore nos IN
position 20 rrstrain pr0ceedpss the juirn mt
cbiained BY Dr. the proyerty ~ wasnsr
Mr. Horace " tlsrt. On be1su ~ MIRA Nsrref said
thsrs strs res otigss - BE- dspos-i 81 here arst
ths che oi hs LEANED fisad to Nssolre the