New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-29

SUPERIOR COURT-Thls is the last day for filing
notes Of sue for the June trial. demurrer or transferred
calendars
SUPREME CouRr-Spccial Teynl-D &c sions
hyJudge Edmonds H1neoes vs. Harri'oa Palmer ct
ai-Mouon denied The plaintiff has no right TO name the
m he nafier Of the Application Of Sarah Eddy general
sr'ayeian u -iry H. Eedy-RePOr Of special guardian
G Larmed.
COURT or COMMON PLEAs.-Specidl Term
BE ore Judge Day-Acoa for alleged bre1ct Of prome of
Aar'iage-IomaH Sisfks vs. Diana TaPPsy-rhs case
was alluded 10 DAYS since, when, OF Mr X.
Ten Brock FOR rain the Court granted order for
holding to bal IN default thereof Dc nprsOa
ed Of hiIs T. Her brother became surely
he complaint Motion made yesterday By Mr.. joan
Weeks counsel behalf Of Miss + that the order Of
eutt be vacated 1.-The paries understand. are Gsr-
n'ns M s a man OF about q keepnga grocery store
sud Aiss T. minor, engaged as seamsress 10 gentle.
,Tsr' family s1ce The commencement OF the sait Sc
George Brown, moon Of SCI hss been sppOiated
h,r usrdisn abe being minor to defend In her be1sf
The ,utl
Bcious IN which parties be held 10 ba-amOng Ihsn,
breach Of promise of mErrisgebut In section amOst I'M
oihley succeeding female shall be held 10 bsil
except for wiul jury TO person, ehsscer or pr perry
Tie sdav IL he complaint OF panhh charges that lhe
$40 Diana wif1y broke her contract causng him great
sgoDy Of mind, uniting him for business for week snt
affecting him since TO affect bis business seriously and
csusDg injury 10 him &c.
Mr. Wetss the motion TO yacaie the order 10 hold to
bail saded the short acquaintance lony two days Of
thr parties shown by cOnPGinan ahisyr belore the
a eyed pTomife Of marriage on the psrs Of hiss I N
" placed his motion two grOunds-ist ma the Revised
Statutes 4.3 female shall DO rssiei on contract
e ~ Coders II their notes say tey adopted he
existing statutes 10 hs respect The Sp'le says smsr
stall he arrested except for w injury OF PEI son, chsrac
Ter pIopey-th4i marriage by The Avs 81 tas State 10
civil contract and, therefore, does not within
rule OF wil injury TO person character or property
a. That Miss T. being MINOR esano! DO ae 10 bail i1r
breach Of contract " marriage This IS shown IN The case
Hunt rs Pesse COwhu SIS In which infants may inter-
marry male 81 The or 10, aGd The other sex AZ IA,
the general principle is against the liability Of the afant
IT, contract OF marriage by An infant Is not void, but
yodsbe An intent may have az action against an adult
but adult agsnst an infant This iAI'ef principle
YVES held n Willard vs. Starr Cowan.
MI W. commended that marriage being mere civil con-
itcL did wnln the rule laid down for holding 10
bsil and that ,Ae order should be vacated.
h Ter Broeck for plaintiff commended that the order 10
hold 10 bail correct sone Of The cases named with
thst view he CODE and should any case ever Do
carried mo effect IL Is known how much Injury oilel
tunes caused by being sighted In his way their feel.
mos ard affections sporied with and they driven frequently
n irde suppose said the counsel. the complainant had
o,rmited sucde consequences Of me state Of mind In
,t,cb iris thew him The case comes within the statute
of % injury propert from the fact that an interest in
III suit breach u contract - property, aid the Court in
10 section that FOR breach Of promise OF mar
ri,ye party be he'd to bail should the
s,rnr the ri which females may be held 10 bail As
10 he point infant csunoI De sued for violation Of the
marriage coniracl II any other
does belong s part OF me e1se bu. the proof
6fuiuoriiy us be len 10 the trial OF the On the
application for the appointment Of guardian WA stated
~ Miss was % Year, and u months Old which
rfrt cose being Of Inc counsel commended that
he oroer should Lotbe disturbed
mr Weeks 10 reply slated nat ne would not avail him
&c Of question Of minority, but place The motion
the bTOsd ground mat contract u marriage synO1y nous
with any other civil contract And thst sm4e oI refusing
10 csrnot be arrested ard held 10 oz He wold
saw nothing Of The merits Of Tits how nis poor gr
Wss be arrested and carried o. Edrdge-st JAIL snd
here copeled under such circumstance 10 csgrace
IA and unhappy msTriage-a this ne has el 10 come be-
70 smother tribunal As 10 injury 70 mind arising from
l-arefusa he same might be said when pefson falls
psv promi,sory note, which OF en- tines In iAci
real inury AL ask said he Coulse, 10 tn order % Je
vacsiec and The orcer discharged, and II Ire Counsel
chooses after that 10 proceed against al infant do
po thuk be viii gaia vely much on hal or on Ihe merits
nav IN ~ he had
b,.siiop In he belief thst Statute intended .s .s.
rae. were !. Intended fhe should Dc II would have
St. ID he fac ~ connection with ne words wI1 injury
b,sg pforerry IN the suii which rss become injured
10 nc the ices, hat cannOl De he teruOn be
sct.-,bng tangible, for ne wrongful iakng or wllnhoa
nr tvry, 70 some knd Of property a. dehned u he
rr-r ious sections and fcr which acrous OF tort 10
krcueht TIE order FOR holding said be vacated,
40 "a GcccTdin giy clsc1aTged but without costs.
Tie FOR dsnsges Of course, can proceed batonly
in ~ Ordinary bTssch fccrirsc. debt male over he
az Of n car arrested and he q 70 bal charge oiihe
krrd ito answer TIA but female cADnO, be sre..ei-
Lsdes properly sTe exempt from imprisonment for his
cLuse bile The Lords Of Cresrcl are bound !oOk
nov hey make promises and not perform hen
TrorndeS RepYssentafi0nf Puvch1sta2 Property
,v, Fan tc w. lanes This case has been srea-
cv referred Il important IN connection with Inc rghE
10 and bod 10 bail on contract where a. allegation Of
breach good faith alleged In making the and
wbeter the inquiry IS TO the alleged misrepresentation
can he deferred The time Of m In the OF Tort
b met and refuted he defendant u enabled to 10
80 forthwith b. sdsyts, Mr. Taggard for PLATO
uf boiling for former principle, and Mr. st0ughou fbr
A;ier The Judge held that In OF contract aeZanons
OF usrepT-senfsnuB ke By which the party be held
10 bail may be inquired into forthwith The pinnfis "a
excessive oil dealer In Fletchersl and Mr. j bought OF
him qusutfy Of oil casks alleging Re was In good ccu-
ssnces &c. which Dot Il 10 COMMANDED the The
C1u did not consider The counter sdasil sufficient and
he motion vacAt- order vas not granted
ccsf,Orsrfy 70 faS eufody q ehd-Janss p Carter
vs.. Marta ca'f1The case which has been areadyrs-