The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-03-03

Before Jxdses = dmopds Edv.rd

BEFORE Judges Edmond Dc, Edwards and Mitchell.
mARcH 2.-DE c,srors.-D snham Ssa Us Canains-
ham and ofheps.-Ths descendants having Voluntarily
s'gr.d stipulation suthorizrg judgment TO be sn.
not being pretended that they induced to 40 50
by deceit or fraud, the Court viii sst aside the
judgment, TO Let In defence Of usury on mere allie
Fs'ion that the defendants did not fully und-rstsad
and spprecate the Effect Of their stipulation Order Of
special term affirmed with coats
being SUED ~ drasers and spdorsers OF note, AMI
having put In joint defence. and judgment having
PENDANTS, and the plaintiff having discontinued to
the other def ndant such defendant 10 mot entitled to
with the others. Order Of special term affirmed with
cats.
Jackson rs. Emmett and others-On an appeal from an
order At Special Term, and not . final judgment In
effect security must be given the appeal to
appeal in this case be set aside anls,s appel
liant amend his appeal In that rerpect Motion to dis
mis the appeal granted unless the appellant within
motion.
In the matter Of Hsnrista Hicks WILTON an appeal
from decree Of tine Surrogate refusing to admit will
to probate whore the decree has been set aside and
fegned issue has been awarded, the is In the
the question whether the appeal has absted by ths
death Of the appellant be disposed Of only In the
in July. is4s . special motion Cannot be heard a.
Chambers Order Of Special Term affirmed with costa.
Ferguson, &c. ads Mer.-An answer merely denying
material allegation o. the omplsint, and amounting
to what under the late practice the general issue
may be stricken out false because the former right
Of defendant In all cases to put plaintiff upon proof
OF his cass, where he has defence Is sbrogstd
by the CODE and under the code peadng to be the
sructon msseY e the Of tbs suit such an
answer will not however be stricken out where 1t 10
verified ding to the code nor where there any
ground to believe that IL has been put In In good fAh
or has any probable foundation in fact Order Of Spe
cisl Term reversed, without costs.
Werner rs. Paine and others -Where an appeal has
been scquesced In for years and the parties
have scted upon the superstition that It was valid any
Tssoiarity IN taxing the appeal VIII Dc deemed 20 DC
costs.
Drnham and Di,non, Us Jarris and Others Where
ship has been built under special whereby
Of the to be master Others 10 be ships
husbands and the vessel to bs employed on joint &C
count regular packet between New York and Glas-
gov 1t is partnership both to the ship add freight
In fuch ease II Is not matter Of right Of either party
on dissolution TO have receiver appointed or an In
junction but only when they be necessary for the
protection OF the rights Of the parties, and 1t may be
proper to deny both where taking adequate security
pepte Of receivership avoided IT, however, the ship
owned In eommon, and not In partnership, It nots
matter Of right Of one Of the owners on disagrss
msnt among the owners to the manner Of employing
her, to have an injunction restraining her being en-
ployed 1t all In fuch case 1t will be proper for this
court to adopt the admiralty rule and allow the mao
ry Of the owners to employ the vessel at their own
risk pending suit on giving security to return the
vessel into the jurisdiction Of the court to abide the
judgment OF the to return the present value
OF the interest OF the minority. On . motion for
Injunction In such case 1t not necessary pass on
the question whether the minority Of the owners
participate In the profits OF such intermediate employ
meDt Of the vessel That ought to be for the
final hearing and therefore the security ought also to
be to account for such share OF profits, in case
fnsl judgment che shall be adjudged to be entitled
thereto Order Of epecal term sfrmed, with modih-
cation TO such costs Of the appeal to abide
the event.
Crusr rs Doueass-The code which allows an
appeal In this court, from special to general term
where II involves the merts means ell orders In the
progress Of cause except such as relate merely TO
matters resting In the discretion Of the court, to
mere matters OF practice forms ofproceesng An
pication Tor the necessary process to enforce the
judgment OF the court involves the merits within this
peal denied
Waddeu 70. The CITY Of Nec York-The Common
Council have power to alter the grade OF street. even
though IL had been previously regulated And II the
owner q private property be consequently injured
thereby be may have his remedy by suit for his da-
images and not necessary that those damages should
be assessed paid before the is done Order Of
Special Term granting an injunction reversed with
costs.
Bigss rs. The Peopie-Ap Indictment for an offence
under statute need not set out the offence In the pre-
else words Of the statute. IL will be- sufficient II II do
that the defendant may know the
tuf- Of the charge against him and be able plead
on second indictment aud 50 that there be doubt
this rule court which charges intent to extort and
gain money from plainly imports tina. IL was the
money OLA and the omission OF the lds "belong-
Ing 70 the raid ID does not change the matter IN
substance but only In form, and msy be dlsregsrded
Judgment of General Sessions afni med.
tbiggs convicted OF an attempt to extort money
from MIR. Actor
Se1usi J. Charlton G. j. Rapeiy Motion TO
dismiss appeal srsDted, unless dendpts within i've
days put IN and justify bail required by the previous
orders to the sstactor OF u the Justices OF this
Court aud Pay $40 cote Of this motion.