The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-03-17
Supreme Court.
sPECTAL TERN


Before Judge Mitchell.
MARcH 12-DEcisrors. -Ns,csomb Us. Keieitas.-Under
the code - wife cannot answer for her
husbsnd without leave court under special
circumstances ~ n he be an aleS, enemy SO. Where
leave IL given to le cross complaint the complaint
mus In some degree correspond with the requisites OF
TIE Meyer, &C. Of Nsw York rs. Hiu'twsh.- In suits
ny ans c, N TINS court s.sn 1Ssei " ns hss
psy costs The title to land did not In question
IN th. case: m Il had bsse " ssssiSn %; only p.SPsc s
tried the entry in the minutes, unless the
under the code showing partial failure Of considera-
ron of note II the note be given for repairs done and
be done spsv the sspsnss Of the last WORK to be de-
Quoted from the recovery on the note.
B,sgr rs MeIrio:A.-The answer slleged thsts nots
for SIS 7o10o given In renewal Of note for S72
should take and that he aid take interest the said
This NOT allegation that the whole difference be-
tween the note and the other was usurtousy in
euded in the sst note nor does the show how
much usury vas taken. The demurrer to the answer
sustsinsd, bat defendant may amend on terms.
Rode rs Dssgn-The answer alleges that the articles
Of patnsrhip between the parties we're obtained By
dursss and fraud and then TO set forth facts
constituting the supposed duress and fraud but In no
fasd The plaintiff replies in general terms denying
the fraud and In equally general terms demurs to the
.Iesstsops OF dursss contsinsd In the answer. Inc
demurrer overrued, the plaintiff has not BY such
to dsnur.
.asfor rs Leeds Sq,lrs o~d .aastin Austin having
taken deed from Leeds In which hs1ss party Of the
second part expressly assumed to pay the mortgage
to hound 70 snS ":, a..
scribsd In the beginning Of the deed as executor.
Squire having aftervards sgreed with Austin to buy
and TO pay to Autin ST COO and Afterwards taking
deed In way referring to the mortgage in which the
zoe = & .o o,n.r pos Of
Who holds IL subject TO . mortgage, to take payment
on fccount Of the principal In quarterly indictments
accepted 90 a. to bind the owner. A check dated
ahead gwen oE account Of interest or part Of the
% .s saa dSs. NO! aosrs. the surety ana
eay 90 to the part Of the debt not included In the
Others TIE Msyor &C.. Of k,w Kin this case,
the particulars OF which have already appeared In the
hSss motif. Va, made ieT nyon dnys ncs
sgaibst the Cooperation In Oct 1s<e, for erroneous
sssesmspts. Judge Edmonds, In denying the motion,
ssid 1T 10 unnecessary for TO consider the legal
quesiop discussed the argument Of this motion for
the segAtops of fraud the part Of the defendants
The ssss"n.ns to be collected until tn. plaintiff. could
have opportunity of proving their allegations The
motion is, therefore, denied
Mssop 1l--In the matter Of opening Lexington ave
rue, motion vas made 10 appoint commissioners for
that purpoee.
Before Judge Edmonds.
MsncH IL -Fiink Naturalization Tor an attach
nept for violating injunction granted against all
the parties on whom II was served.
Psfnem Punsm.- Motion 70 strike out answer
granted
Hnmsn 70. Ty,stie ysdmuisraior. ior.--Alshoush claim
against estate has been unreasopsby resisted BY the
adm netf ator neither be the estate are chsrgeebe
with coefs the claim has not been before suit pre-
s.nted for payment and rejected Motion Tor costs de-
MED.
Person, 70 sb,lScn and oaers where Judgments
bsve been recovered In where the venue h laid In
Ulster county, and money has been collected oy the
sheriff cf Ulster county on executions on all udg
menfs. "a is not competent. under the code OF the
court held either In this or any other district 70 oe-
temne en- motion the rshts of the creditors to the
money, beesuss the csds requires all motions TO be
made In the district In which the action is iable or
In tie county adjoining that In which u IL able and
u would tssm that the only remedy IL BY suit. Mo-
tion that County Treasurer Il Ulster county pay over
the ncpsy to piaintifs denied
Me,.. Essevter, r,;; NJ QuTe.-rsrt Of the answer
tlpk ord oth,rs 70. Pet,bor, se.-Motion TO change
place Of trial denied.
| ttlse Injunction denied With costs.
The P,oyis rs searsor Motion 20 strike out answer
denied spd motion for amend the answer grant
| I'd cests tc skde the event.
I,srin 80. Des Motion for certioravi 70 remove
roe~cipss svyplsmsntsry to an enecution from CITY
bss,, cs. pso,hiss.- Judgment for plaintiff ssmur
rer with ec,ts. Without l'sys to amend.
shssner ard WE 70. Eschsm.-The trust In The
| pins vcid bosuse ~ su,pends the po~sr d slens
tor iu fred p.iiod OF ten years, ana u cannot b
.s.s sa .sy purpo,s eses1s Re- M ,.s %sn s~rPp,s
ts'e 81 TIE 'ss'su.m OF bis ests'e.
.1''osssfse- fer ne RstfJ n Indigsnt Fmsi,s 70
CwsEs s,d Ofts-s The spsver setting up ~ neu
attsfs the sristsnce Of lease ss an ,.cumbranc'
ptor 20 the morissse sud not being replied TO- s
ec,.r. of,hs ms,,s.s. mn. .us,se, 10 n. b.s q
Oe oefsbcsrt uncsr MS lesfe. Decree sccordipsy.
hs.fts -. Eferre, b., -JudsmsNt for plsnuh on
dsnsfrsr, with cotts without l.ave 20 amend.
CsluotsIs Ooi ~ We lesrr that the vbole amount
81 solo fem strris received st the mint In this
city about lips M eur hundred thousssd dot
srs q ~fieh sbsut eco coo tss been received this