New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-31

of Surrogate, refusing 10 admit will to probate,
has been Ape ied from. az is not com,etent for the
Surrogate pending the appeal. grant letters o. adj
mlnlsranon. as IN case OF intestscy. II can only
appoint collector al nt7I- Decree 0. Surrogate
reversed with costs
Walker and Others ads. Bd1rf--where one Of two
joint debtors Is nonresident. he may be proceeded
sgainst a suca, By warrant, under the Revised
Statutes. Where goods are left with factor, TO
sell on commission the owner has OF action
for the value OF the goods. until a demand By him
and the statute of limitations does not bega TO run
until such demand has been made. Molon 70, A
new thai cenied, with costs
Beers vs.. Reynolds, Sc.-When I limited partner
ship Is dissolved by mutual consent before Ihe time
fixed for ITS termination, the dissolution does not
take eject as 10 creditors dealers. until the exDi-
ration Of the notice of dissolution which is required
10 be given by the Statute
And where, on thediSsoluton aud before the ex-
piraton Of the notice, the special partner taxes an
assignment OF security upon the partn ershlp effects
for the amount contributed BY him 10 the partner
ship he becomes general partner, and Is liable TO
creditors as such
Motion for new trial denied, with costs.
Wesferref, Executor, VS. Gregg Where \ husband,
before the passage of the act of 7Ih April S4S rels
tive to the property Of married women, instituted
legal oceedngs 70 reduce legacy TO his wife into
his possession that statute does no. affect his right,
because IL had already vested, and he may recover
it in his own name. Decree Of Surrogate affirmed,
with cost
Taylor Erscu.or, ads Beriamln.-Where a contia-
ting contract for services has been made and one
CT the parses dies pending It's execution, but IL Is
carried on to completion by his executors, ID Is not
competent to declare upon the contract as upon
consideration springng from the teSmtor, and on
promises by the executors. Judgment for paietlf
on the demurrer, with leave for the defendant to an-
swer, on payment Of costs.
Orchard VS.. Cross.-The motion being TO Sc, aside
the report Of the Referee the facts and II not APP
pearlDg that 1t had been effected by partislty or
prejudice, motion denied, with costs
Jones VS.. NGSOB.-On decree entered and served
on the 18th May 1851. attempt TO appeal was made
until l7th July following The appeal Is too late.
The seryice OF copy OF decree certified oy the
Clerk = hDtice OF the decree without she statute.
Appeal dismissed with costs.
pord a Rotre ads HoiaGn In al action for A tort,
where separate judgments may be given as TO sew
eral defendants, one of the defendants may be eK-
ahmed "a witness for his co-deiendant, II being
easy IN such prevent his testimony being used
In his favor, and he having no interest IN tae
event except agaiIs the party using hlm as W.T.
ness New trial granted costs 10 ABIDE the eYent
Dau6man VS.. Empire Mis- and O.ksrS.-A proceed
ing by judgment and execution creditor against an
insOlveut corporation, 10 wind up its affairs ana dis
tribute It's among lis creditors under one ,rt
of the Revised statutes concerning Proceedings
against Corporations IN Equity is no bar to pro-
ceecinss by creditor at large, under another part
Of the same Statute but 1t Is discretionary with the
Court 10 cOnfne the proceedings TO one SUIT. ard
such power VIII not be exercised in favor OF SUIT
which is bot brought for all the creditors. OIder OF
Special Term affirmed. with costs
.Sn'lfh ads. Tae Professionalism Of the defend
for perjury, az the General Sessions reversed BY
reason of variance between the Indictment and tho
proof.
CaYtervs. Hanast Where defendants wen, into
possession Of premises seized OF all thaeStale o. the
original lessees and for the whole term they are la
bic to the landlord assignceS Of the term though
TO assignment IN writing be proved Report or
Referee set aside costs 10 abide the event.
ZdbriSkie and others VS.. Sayrs AMI Others Though
an action for wrong connected with the person De
not assignab!e, when connected with property al
fecting IT'S value II is assenable and under the cole
the action for 1t may be brought IN the name OF the
gnee. Judgmen, OF Special Term affirmed with
costs.
Gurus VS. Leaviff Recover, S,-M0tion to open
proofs denied, with costs
Biar VS. OsL0rne-Whete goods have been leit
with factor with general authority TO sell, and he
has made advances on them, and the time for the re-
nj OF the advances has elapsed and no there
upon sells to reimburse himself, he Is not liable IN
an scton, as for wrong for converting the prop
erty but oaly for the surplus IF the avals OF the
sale, after paying his advances. Motion for new
trial granted costs TO abide the event.
SDiiih VS.. WirthTop-NO question Of law having
been raised the trial. and the only one being thar
OF fact, wherein the testimony was nearly BAL
anced. New trial denied. with costs.
Jackson ads. The Mutual ms. cO-O.der Of Special
Term affirmed, with costs
Ayosar vs.. chase 1t is not competent for ige
at Chambers, or anywhere out OF Court to render
judgment except in the single case OF motion 70
strike out PieaeiIss as frsoions IN ans osss- essss,
Judgment car be rendered only IN Codrt Order Of
Special Term affirmed, with costs
In tbe matter Of Alfred HiPs WsH-0rder Of Spe-
cal Term affirmed with costs.
Gray VS. For--ln case which ls refeuaoe by
the statute the oroer Of the Special Term granting
on refusing a reference on the ground OF Il long
recount not agreeable. OrdeT Of Special Term
affirmed with costs.
Tornptins ads Genni & Lockwood Order Of spe-
ciai Tenn affirmed with COST
TIE ads CGmnaAH 8 Whteh0use.-OTder ~
Special Term affirmed, with costs
The sane vs.. Gilbert & Johnson Order OF Specidi
Term affirmed, with costs
Wake vs.. Ba1lkS. Erecui0r. Motion 10 discharge
receIyeTship denied with costs.
Henry Cornal, Plaintiff ~ Error, vs.. tie People,
DejcndGnfs ~ Error judgment % oyer and Terminer
reversed and ne trial awarded Prisoner remando1
10 CUSTODY OF she Sheriff Of the city ana County oi
New-IOfk
SuPREmE CoUaT Term Case
81 CarnGL-Judge EdmOnds, (whO tried the causej
ssd MS time has Deen 60 much occupied that ne has