The New York herald., 1850-01-06
Supreme Court.
STECIAL TERM.
..nI.ln.n Aua-... I..I.-. LAn.a.I.

Dsoisions before Judge Edmoud.
J.susnp s. NafkSuisi ~ RobsTfs 70 Fsaef Colon
pertsn not party the record but the real party
In Interest msy conduct the suit In his osn AZ
the attorney and recover cossas such Motion TO sst
aside Judgment denied. Nth costs
IoJe ~ Staffsr end OURS Cbas ~ Carroll sn<
oh'' - Molten 20 ooDm; claim to the ersminstion
.Ioh. Roters OHars ard W., when . party has
had an 'pYorts-ty, on special motion, 20 ssal hin-
eiudsd the doctrine of sdtuffcsfs applying mot
merely 20 matters shieh have bees s..rmssd bat also
% tboss vhich might have been htigsfed Motion 20
dissolve In uneton deEedi sth costs aud receiver
pointed.
EmsI, cea 90 HIih-m a c-h.-Though a married
woman nsy. under the code. alone Ia rs.psst ts
her separate property yet shs can only su. BY her n@st
fisnd -ho must be person - sufficient substance
b. ponsbe fer the essts IL s only in ca.-s OF su.
fer divorce ~hsrc wif. IL by statute slIo~sd
In her o-n name that she can prosecute suit with
out neat ffi I'd Tn. objection that she has sued ia
her o~n name may be tsksn AZ any stage OF tue suit
b.oass "a IL 70 On ~itn suit which Gao not
be ,ustsnsd to the end Motion to sst aside nsnt
denied
Pore, NJ Nak,s,n ~ sad,l,ns Nich,,rn Where Q
wife has hled too COMPLAINTS against IN. husband
fcr divorce and the other Tor 'epeun and in the for
mer has obtained verdict aud judgment che will b
compeil-d to elect In which shs -n proceed. Motos
gsnted.
L,ti Rysrson ~. Fraueis Baeg- end Otler. -whsrs
too mouths have elapsed riocs inquest regularly
taken aud udsment perfected thereon tne defendant
will not be let To defend merely on the general sa-
davts of merits They must be ai.cor-d o. tnst the
court may sscsrtsin vbethsr they substansl Mo
top to Get aside inquest dnisd With costs with leave
m,ii,r sna Oii,r. 80 HafA,r ~nd oik,rs-it 10 OBJ
lection 20 examining party "a ~tpes. In tbs cause,
that the stue is not Joined such examus,ion under
the sose being substitute for the frmsr bill Of dis
covery. is governed BY the rules applicable 70 swch
bills ~hicb siiowed discovery at any tim. In the pro
gr.s 81 fuit Motion 90 set aside the order for
miuation denied.
EhTs Ei~snsorf sG. Wsd4,ii .sd-ini,,rutor Motion
for judgment In % non tuit, granted unless
pls nn stipuste 20 try at the next circuit aud pay
the ecsts ~ circuit aud motion.
CyrpsW Prtc,u j ". s,,bbtrs.- Order 10 sho~
Why defendant should net appear before referee sad be
examined made absolute, with costs
N. Brefhersgn Wtfffam ~ Brsun.-Where .
party has had four several opportuntes bsfere re-
fer,e OF cross examining Stiffness suf the last tine
svsiisd hipse of the opportunity ooly 70 Ssh
lion substantially the sane tbosxh varied IN form,
~hioh the court had sppesl decided 70 be imprc-
per, order will not be granted comeelng the other
party ~ produce the witness for further sxsmnsuon
Motion denied, With costs.
H,,,y Lsr,rty IS. yeanscr Ts-derroert a-d On,rs.-
Motion for leave TO put in an answer ey sucrnsy
granted -
.4n,hory WsJ rs .arn Harsar,ns WsD. divorces for
adultery granted
COZ re that when creditor tskes Judgment for the
sane debt tnst secured bv chsitet mortesgs, that
tn. latter shous merge IN IN. former. That d-pspds
on the intention Of tbs parties Motion for trial
n the srouud - sew evidence denied viii
costs