The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-05-30
Superior Court.
TRANSFERRED CALENDAR.

Superior Court.
TRANSFERRED CALENDAR.
Before Justices Duer, Mason. and Campbell.
NAY 2-Dsoiasns. Rachel BroUns, apseAsnt ".
ChsrIss De Seid,ns, xsgondenf-Appssi nom decree
that it not necessary for tsstator in express words
to request the witnesses to attest the execution this
No form of words Is necessary in declaring publish
ing will 1t is sufficient, If the formalitiss required
by the statute in this respect, are complied with.
But something more than . mere signing in the pre-
sence Of each Of the Witnesses Is necessary There
must be some positive declaration, or act by the tes
tator in the presence Of each Of the witnesses ut the
time Of signing, adopting recognizing the nstru-
ment as his will and therefore, where one Of the
merely saw the sss0, pS gn tns papss ana
subscribing witness, but nothing else was said or
done by the esator in the presence Of the witness;
held that the execution was detective Decree OF the
Surrogate reversed.
john w. James and Others rs. John L. Schrdge and
the Of sae j. moi yoa in the
bona fde holder without notice although the object
and intent Of the maker OF the note in the purchase
Of the stock to obtain control Of the stock and
issue the notes Of the bank as money, within this
State contrary to the statute as between the original
parties such note may be illegal, and no action
maintainable on t. But, in order to render ID void
in the hands of bona fae holder, II must be made
or given to the bank itself Motion TOR new trial
denied.
George s. Hooland rs. isaac Wilett, Sheri6.-New
trial granted Costs to abide the event
John barley Patrick MuiJeriA aud Ohers-Tene.
menis Of Garit Bpne Jr, Deceased-Demurrer to plea
in se (eeas Judgment for defendant, with liberty to
on the plea on payment Of costs.
John "a Me,Tait and Erastus Uhen,oa ads Samuel
UMte Demurrer to declaration, Held that the
plaintiff by eecting to prosecute the original debtor
had discharged the defendants. Demurrer allowed.
Cornelius Kanouse IS. John ", Meriin.-Writ of er
ror from Common Pleas Held that the judgment Of
inferior cannot be reversed upon any ground
Of which the plaintiff in error might have availed
himself BY plea in bar or in abatement in the court
Jane +. Haisfead rs Darid p. Halssead-E RECEPTION
to Masters Report on allowance to wife, Exception
oyerruled; and report confirmed no costs. 2R g. p.
Herman M Scranton .4Igernon S. Barier.--Motion
evidence HeId that the con ract between the partie.
was contract Of borrowing and not Of hiring, and
consequently that the defendant responsible for
slight negligence. Held that the evidence showed
concusyely that the horse received his death wound
while in the of defendant and that it did not
had decided the question Of fact whether the death
Of the animal in any degree mputable to the neg
ligence Of defendant: The rule that the report of
referee is to be viewed in the light the verdict
Of jury Is only applicable when the ground of the
decision is manifest upon the face Of the report it
and distinct questions both FLAW and of fact and the
report is general Report set aside order for refer
ence vacated, and trial ordered.
Cornelius Nc Grah Keanev err. &c. Of Wiiliam
Nc Grafh, adm Sc.Exceptions to report OF referee
and for final hearing. Report confirmed, but decree
to contain saving Of the rights Of two Of the next Of
kin not parties to suit.
Gilbert IIopkin. Is. Lueian T,yfs.-Motion for new
trial denied Evidence Of diligence in making protest
insufficient, no evidence Of funds in hand Of pro-
mise to pay Judgment Of nonsuit
for alleged S IN the be- co, and ,H s
PENDANT pleads that the publication true report
ofs public proceeding before magistrate, and was
privileged. The plaintiff demurs. The question Is,
whether newspaper is at liberty to publish the pro-
ceedngs or complaints in our Police Courts, or not.
citing from Lord Denman and other Judges in Eng
land to show that they not and that, II newspa
per 90 publishes y takes the ra Of an action for libel
against the party which they publish true Pa
pers privileged in regard to criminal complaints
doing fully and accurately The Court held that
the publication Of preliminary proceedings before
magistrate was not . privileged publication. The
Judge concluded his opinion by the idea that people
should mind their own Affairs and not administer TO
thu hs sus ?, ether so-. Inc yuds remark
in this state 0f course he meant never passed upon
In appeal Wehsye heard some Of our best American
whstever takes place In public police once else
where in which judicial proceedings held, and
comes public matter, and that the nswspapers have
the same right to give It to the public the latter
have to go and hear It. We have heard the contrary
or two other Judges hold TO different sentiment
As this Court is, In fact, branch OF the Supreme
Court Of this county the decision Is binding uness It
complaint as to murder, robbery, and every other
crime Of course, is ineludsd] Demurrer overruled
aaron W,leos 90. Solomon P@meis-Motion for new
trial denied, with costs.
james Lamcresus Darid L. Wint~ins ham -. Hotion
or new trial denied, with costs.
CALENDAR DECISIONS.
Before Justices Oakley, sanford and Paine.
C~ardus Clark appellant, adsm. Chss W. Weed 81 a.
Observation-Disclosures reversed and plaintiffs non
| suited Complaint dismissed
Joscph Emerie appellant adsm The Bank Of chais'tc~,
observation-disclosures reversed and plaintiffs non.
suited. Complaint dismissed.
joseph Eneic appellant, adsm. The Bank Of Chariesfcn
vssyondenf Motion for new trial denied Question OF
costs reserved.
John 7Aopson and Henry C. Jones adsm John Day sad
Robert Newell Motion for trial granted costs 10
abide the event Of the suit.
Timofhv ri. Main adm. Thomas r. lGstnrn and Jonas
hinttnn.-Mot ion for new trial denied
John r. .fndrtr and Catharne .7ndrsr re.
Hilia~ II. 7asgard.-Judgment 1T special term af
frmed.
.4lsrander SAITH 70 Be'jsmin Lynes-Judsment q.
special term affirmed
George Spencer sdsn. Darid Monioh-Judgment ct
special term affirmed.
WiiiiGm Jstlinghsus The Ns~ York Tnrranes Cow
pany. Judgment at special term reversed, and new
trial ordered.
jacob Ca,psnf,, rs Edwin D. Spcon.r-A ppesl from
judges order Appeal dismissed and order ut cham
bers affirmed, with $40 costs
Domestic Miscellany.
The crops throughout the State Of Michigan have
been sd the INT eUrDQ drauTht.