The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-06-04
supreme Court-sPeeiai Tenn.


JuEE 3-DEc,Iors-Uiyssss b. Brswstsr w. Charles
Pierce when Judgment has been recovered against
originally served with the summons has boon
summoned under section 375 Of the Code, to
Il You'd ne tS., mo. % Gs ey the
rendered against him on such proceeding unless he
shall put In The proceeding being in
Judgment against . party without bringing . suii
against htm, the Court take power By implca-
Psrja~is Wslso~ re- ElirsssA Wsi.sr Marriage de-
elared void by reason of the prior
Aaron rndsyhM ads Mary .anns Wlis.-The fact Of
the psintin's marriage IL not made out she would
berquired to proceed by next friend Motion denied,
Emih. Gou,ord crd Chsrioti. his ,.is, NJ, Ole, y.
Casfion.-W here married woman Is plaintiff In
suit and II is necessary for her to by her next
friend, where she has n mertoriops OF action
and unable 20 procure responsible next friend she
will be allowed to sue In ma pGuperis by ohacer
cf the Court q her next friend Motion 70 strike out
the name OF Charlotte Gouard rs plaintiff denied and
she allowed to sue In srms 1aupes by her attorney
hsr next friend.
Decker 4 Wssucv Ruilsnd and Burlington Railroad
Companr-A suit, under the code, may be brought In
our courts against foreign corporation ,gh IL has
may be commenced either BY serving the sum ns ON
the President of the Com person though out of
the State, or BY publication In the newspapers In this
state Motion to quash the proceedings denied.
James w. Sszih eds. EIeneser bsrrows.-The general
term In the second district having refused to open this
fere Motion open default denied without costs and
wit hout prejudice.
Bsrrahas H1musf ads. Jehr w. Idfsor.-It IL part
Of the ohee Of an attachment against nonresident
ahscording debtor, TO compel him to appear In tho
suit and subject himself to the jurisdiction of the
court The complaint will not therefore, be dismissed
for delay In the prosecution Of the suit prior TO the
defendant, appearance Motion denied. with costs
Peter X. RoaeA "a r. j. ". Ba,krran-The ofice OF an
svermebt In q pleading that the party has no know
ledge sufficient TO found belief 10 merely to his
silence from being construed into admission and
puts the other to the proof Of his claim; the party
making such sverment having right to set up any
other defence under It, than merely to eontrsvcrt the
costs TO abide the event
Dunhs1a Z Dirond wv. Jsrrss and oiaer,.-Ths
provision of the code that allegations pleading not
specifically controverted sha be taken a. true does
not warrant q pleading being used for purposes Of
obtaining partial discovery BY the Insertion OF
msnts not necessary In pleading but which arc
inserted merely for the purposes of obtaining al.
mission Of their truth. Facts only be inserted In
facts will be stricken out especially when Inserted for
the purpose Of obtaining an admission. Pleadsgs
can no longer be used as means Of obtaining dis
In any and the provision Of the code that
allegations not controverted shah be regarded true
applies only TO those facts which necessary to
stue pnrtys course Of action or defence Motion to
strike out sverme pts granted
Hiram 7fnslar Geo. W Coiesor-An sttachm-nt
or in scton for a wrong. such trespsss or a..
saut and battery as we'll In action contract
though the code has not provided any mode In which
the tummons can be served or action be commono-
cd. The once Of attachment, In such case. IL TO
compel the defendant TO appear In the suit and submit
set aside attachment denied, with costs.
T,ow Bocdgeod - Motion for leave 10 serve reply
granted on payment of costs OF motion
Donisf e. Clarke and ethers rar Dusen Gaaf and
ohrs-The proceedings supplementary to an erecu-
tion though substitute TOR do not rupersede cred-
tors suit formerly practaed and such suit is the
proper proceeding where the claims OF persons NOT
parties 20 the original Judgment % be passed upon
Demurrer overruled with leave to paymentof
costs.
By Judge Mitchell.
Jthr Havris vs. Jcshua " HurcAi,T Let the plain
tin stpuiste 20 try nj the nrs circuit st which the
cause tha be noticed on the calender. and pay $40
costs Of this motion. snd costs Of Apin Circuit
.4rgei ~. yacefs vs. Stsphrn HuF-Motion to change
xenue q, nied With $40 costs 10 nlalniln