New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-27
LAW COURTS.

ions-GcO. 4. SfdRiey VS.. JGfnss Ila,eoa IL,k6
Action Tor alleged libel in the C0aTier onA 81,
g,rirer. The defendant pleads tina, the pabSe,sos
was true report Of public proceeding before
Magistrate. and was privileged. The pIsin,iT \.
nures. The question is whether a neUspaperi,
at liberty 20 publish the proceedings or Complains.
IN our Police Courts or rot. Judge Campbell \,
this case, delivered the opinion, citing from Lor5
Denman, and other Judges in Eng and, u show a.,
they are not, and that II a newspaper 20 pabhshs,
It takes the risk Of an action for llbel, aaa ,be
responsibility Of showing that the complain. aza;,,,
I the party which they publish was tue Papev,rs
privileged inregard 10 criminal complaints. % mn
| l.h the proceedings when they come 70 trial dor,
80 fully aud accurately. The Courts decided IA,
the publication @. preliminary proceedings bssrs
q Magistrate was Tot a privileged pabicatia
The JuGre conc ded his opinion 6y the des tb.,
people should mind their own affairs, and a.
administer t. the morbid" curiosity Of othe-,
The Judge remark ed that the subject has never Ia.
fore been passed upon in the State. Of course IA
meant never passed upon in appeal Wehays
heard some Of our best American Judges, IN tks
trials Of causes, lay down the rule thar whatever
takes place in public Police ONCE or elsewhere in
which judicial proceedings are held ana which tAs
pubEc have right 10 attend aud 10 hear that,
becomes public matter, and that the newspaper,
have the same right to give it to the public as tss
latter have to go and hear it. We have heard. a,
the contrary. one or two other Judges hold 10 c
ferent sentiment As this Court is, in TACT A
branch of the Supreme Court Of this county, tie
decision is binding unless it should be reversed BY
the Court of Appeal. Every complaint as to mar.
der, robbery and every other crime, Of course 10
GUIDED Demurrer overrued, with cost
Cornelius CGH0Hse VS.. John W. MartR.-Writ
of error from Common Pleas in Judgment by de-
fault brought in Court below by Mr. N. to recover
for Solicitors fees. The claim was Originally
81 600, bat the Common Pleas, after an applicatna
"a. =. - L.. H.. = -
Court on account of one of the parties residing il
New.Jersey, permitted the complaint TO be amend
ed so as to reduce the amount below $500. Its
contended that the Common Pleas, on petition, Wa
bound to have the case sent 10 U. ;. Court. This
Court considers that application should have been
made TO U. s. Court for mandamus, or that obiee
ton should have been taken in Common Pleas
Held, that the judgment OF an inferior Court cannot
be reversed upon any ground for which tine paiE-
tiff in error might have availed himself by plea
in bar or in abatement in the Court below Judg
ment affirmed
Jane +. Halstead vs. Darid p. Hdistead-Th
was an exception to Master report, ion suit for
divorce on the ground of in6dety,) settling the a.
lownnce 10 be paid during life TO Mrs. H. complain
ing that the report did not allow enough. The
Court thinks the report correct. Exceptions over.
ruled.
John RI. ard z. Wheaton ads. Samuel Jp1tc
Demurrer.-Held that plaintiff, by electing to pros
ecute the original letter, had discharged the de-
PENDANT Demurrer allowed.
RGekel BrOacne, appellant, vs.. Charles De Seld-
ing, respOndeat-To recover by Miss b. a share Of
the estate of her deceased sister also sister of Mrs
De s. who left will giving the bulk Of her prop
erty, We believe, to the latter.
Held that when one of the witnesses merely saw
The testator sign the paper, and then he and the
other witness put their names as subscribing wit
nesses but nothing else was SAID or done by the
testator in presence OF the witnesses the execution
was defective, aud the deceased must be conad.
cred as having died intestate. Decree oil the Sar.
roeate reversed.
Geo. s. Homeland vs. Isaac WiHet, lSherig-Re
plevin as to mortgaged personal property. This
Court considered the charge in the Court below or
roneous New trial granted costs 10 abide the
event
John W. Jones et al vs.. John L. Schrdge aad
othcrs-On a note given by Mr. j. TO Mr.. Crawford,
and endorsed by others. The note appears to have
been given for stock in the Hagerstown Bank, with
view to control it, issue bills OF the ank and open
an Office in Waist. and issue and redeem them
here, contrary TO the statute. The defense was
that the note was void on that account The CVu1
held that the action could not be maintained even
by bona tide holder without notice, il originally
given to the Bank itself but could be when mere
y given to holder 1.-THE stock for that stock No
ton for new trial denied.
AaT0R IVicoI vs.. Solomon Parmels.-On goods
which were To be forwarded from New-lork
10 Ohio, by steamboat on Lake Erie, but sent IN
sailing weasel and lost. The allegation that defend
ant did not own any OF the convey beyond the
canal, and therefore, should not be held accounsi'
bic will not suffice. He agreed TO deliver at Ohm
and to send by steam. New trial denied, with costs
Herman NJ Scranton vs. Afternoon g. Barter
10 recover the value of horse which was injured
heport set aside, order Of reference vacated and
trial ordered.
Cornelius McGrath vs.. Heary erecmtor of VIM.
McGT0fh-To recover of estate OF deceased, share
Of estate OF plaintiffs brother, for which deceased
was administrator. Report of referee confirmed,
but decree to entertain a provision providing for
the nights OF two OF the heirs not in the suit the
Public Administrator to retain 2llths in his hands.
Gilbert Hopkins VS.. Lucian Tg6S-Evidence Of
diligence In not making protest unsatisfactory No
evidence OF funds in hand or Of promise TO pay.
Judgment of nonsut.
John DARBY vs. Patrick MulBerrille, and Others,
tenants Of G0yTet ByrHe, Jr. deceased-Judgnent
tor defendant on demand, with liberty 10 plaintiff
to withdraw and Join issue.
Oid Brahch--Before Judges Oakley SANFORD
aud Paine--D &c 81 ons .-Gerardus Cidrs, Gp
plant, ads. Charles W. Weed, ct al, respondsat.-
Judgment reversed, plaintiff nonsuited, and CON-
plant dismissed.
Joseph Emeree, appellant ads. Bank of CkarLs
t0n esp0ndsnt.-Motion for new trial denied
John Ihomps0n and Henry C. Jones ads J0kS
Day and Ro6ert Nereu-Motion for new trial
graDted-costs to abide event.
Timothy H. Main ads. 4. r. g. j. Mintws-
Motion for lew tria denied.
Nm. JellinghanS vs.. The Ner- York Lss. c.
Judgment at special term reversed, and new ma
ordered.
There were also some dec sionI IN appeal rom
special term.
COURT OF COMMON PLEAs.-Before JudgewOod'
rufE-Elias Myers Vs. Phiip Haniey.-SSmuel !.
Carter died, leaving his widow sole execunI
and heir to his estate. Mrs. Carter did not sub
nit the will TO probate, and, on application
one or more creditors, the public adminstrstR
took out letters. Mr.. Myers was passing 90
the opposite side Of the Halls of Justice, o's
Sunday in company with Mrs. Carter to whoa
be was paying attention, and afterwards married
wheE Mr. Hawey, who was an acquaintance
deceased, and we believe a creditor remarkeap
Justice McGratb, who was on the sidewalk nextp