The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-06-02
TWO CENTS.

ing in his answer which is responeur to the BILL a.
MED the fact of notice of the injunction original
suit, and the Contrary being proved by only wts
ness he ought not be held Responsible by reason of
said notice Drcree of special term reversed and ~
diFmisss d with costs
Cayys,ai and Pollard "a, Tbs P,opie--A depostisn
taken condtioDally on the case of charge for crmt
nal offence and before indictment which l. entities
In Court of General Sessions where there suit
or proceeding pending, and in suit which has not
YET been commenced and which throughout refsrs -
tpe eccusea not by their individual names but ss ds
PENDANTS, cannot be read tse trial OF indictment
afterwards preferred that charge because Of the
rule that on tueh deposition tho witness osnnot BE-
convicted OF perjury for any false swearing Judg-
ment Of Oyer and Terminer reversed, and new trial
awarded
John NJ Locrie ads. STEPHEN W,sks-Though the ruls
Is otherwise IN of the United s,s.es this State
it is well settled that the testimony given by Wit
n-ss "a former trial given IN evidences.
unless hs be desd his absence from the State n
not enough-New trial granted costs to abide the
event
Ero,tus Smith rs s. j. B,inkerhsG. Sc.--A debtor,
who after his creditor has filed his petition In bank
ruptcy and with fu knowledge Of the fact purchases
n claim against him, cannot set it OFT in an actoa
brought to recover tho original indehteiness-Mos
to set aside report Of referee denied with costs.
r. & h. Nam Henry III. Rng.-fn action fer
money paid in part execution OF contrast, where the
covenants are mutual, but which the veDder refuses
10 perform the vrud.c nLliged prove q reaM-
10 pay the whole price before recovering back shs
frmed.
Ho,r,ie' p. Li,e.mb vs, GOurerneur 8 Li55v. Jesss
q. Ksrnev The saiae-An action Of csbs lies TO rs
cover the costs OF asumnaTy proceeding to remove
tenant frsD premises held by him attor the -
after notice, the amount cannot be Questioned on the
trial, whsn proof has been given that tho services
charged for have been rendered Ths only remedy h
by applination for retsxsiion. Judgment of Com
PleAs affirmed
Water N.od rs. j. G. Deioploine. ne.-where n usurious
sgreeme ut has been reformed and q axreemeut
made, removing thu taint of usury, such agr-s-
can be enforced, notwithstanding the orginiS
illegal contract Order OF special term dissovng tbs
Injunction. affirmed with costs
Robert q Nens ads. John Lintner--0rier Of special
term appealed from, affirmed with costs
WIhasa Eors ads Sa@ues Ru1.-Ordor Of speoial
term affirmed with costs
Emily Colt William "A. Coit.-Wheh a vito
alone without her her pro-
perty. she nsust by her next friend The old raa
In Cbsnoery in that rcrpec. founded the pro-
proprstr Of cxaetng secutiy for costa from vhs
might otherwise harrsss party uniustiy, without be
Ing liable to penalty for her false claor aud thaA
rule sDovt bs abolished the coda The may
be tAksn time in the progress Of the and
Is net waived except for the purposes Of Pleading by
the defendants emitting to set IL up by denurrcr
answer Order OF special term affirmed; but the moioa
Of tha plaintiff to set aside tho default shall n.
her paying the Of said motion aud $40 costs -
this appeal and appearing In tbe suit by responsbls
asx hisnd 10 be approved by OF the Justices o1
this court
Robert long the Peop'e On indictment for
In the rft degree tho may be conviessA
Of attempt to commit In aoy of the lesssE-
degrees. Judgment ofuyer and rorinioer affirmed