The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-22
SupreEi e Court.
SPECIAL TERM.

Before Chief Justice Edmonds.
SErr 20-SUoTds as. Lockcooi-It ia not in the
power of mortgagor, by a voluntary assignment to give
his general creditors prior right to the rents Of the
moitgaged premises where the mortgage Is due; the
norgsgor nsclvept and the premises uf secu-
ry for the debt and the assgnees who had received
u rents under the assignment directed TO apply
them in payment Of the deficiency.
Charles Jordon VGientre Benng.-Where the matter
complained OF is not necessarily nuisance and it is
doubtful from the sdavits whether Is in the par
ticusr case an injunction will not be granted un the
question whether nuisance or not is determined by
jury, either in action at law on indictment on
issue ordered by The Court Injunction dissolved, with
costs
Darid Smith RS Richard Mrse-A report Of a referee
to wbtm the Whole issue is referred upon the facts will
not be set aside unless against evidence argue
Partially, passion or prejudice. Motion to set aside
report, denied with costs.
Thomas Sy6,rn LGurence's .4dn,iuistraor.-This
Cont will not interfere by injunction to stay ad-
illustrators sae OF real estate, allegation that IL
win be cloud the plaintiff ttle because the plain
tiff has adequate remedy otherwise, and the exercise
CT the jurisdiction would thus incidentally involve the
Court IN the review Of large mass Of the action OF the
inferior tribunals the review Of which is otherwise pro-
vided for. Complaint dismissed, with costs
Henry u. DGloscn rs. Mnot Mitchell Judgment for
plaintiff on all The Of demurrer except the fourth
which IL tverruled
Giles Bushnell HIM. d. .4elrn-when in an action
the up that the landlord agreed
make repairs and did not So though that may be
good aan absolute bar, yet il is available Ia recoup
meDt, it will not be oyerruled on demurrer Demurrer
to answer oyerrultd. with the usual leave 10 amend
n IT, Lore and Others TEowas n. Drete Jr "A party
cannot both plead and d,mur to the distinct
ovenuled with leave to amend and without TO
the plaintiff . moving for leave withdraw his reply
Iicry G,e,''bTgh and others ads johnson Les-Where
defendant has employed attorney to defend the suit
but notice Of retainer has been given the plaintiff
cannot discontinue without psyiOg costs and the de.
fer dant may proceed In the suit Motion to strike out
demurrer denied, with costs
Agnes Bos Is solomon Bunting and others Motion
dered to be reLeard at the geneI al term.
.9ndr,u H. Hammosi,y Uhtfn'y 4 Le1ris Motion 10
strike cut parts Of the which coutan alternative
1gunenta,iye ard inma.erial matter, granted, with
COTS.
III, Sam, rs Leuis. Bsa,dsiey & co-Ths like.
John Castro james Masoa.-Wh here the contempt
charged has rot been committed In view Of the Court
the party accused cannot be arrested upon attachment
ups the papers showing the contempt rst served
prs,ay upon him. Attachment pet aside, but without
costs, and without prejudice TO the Injunction.
james Dusehbury .ieton Lyon-Wh IRE there was
devse 81 lands to ard his wife for life, pro-
cCcdings supplementary to an execution against the
husl ind which in the nature Of equitable proceed
ing the wifes share Of the rents and profits cannot be
appropriated to the payment Of the husbands debts
until proper settlement Is made upon her. Receiver
oiaeicd to pay half the rents In his hands to the
wife,
Iionna end Oaers rs UTRiam,on Where a Judgment
wa obtain, In the Superior Court against Arm and
gm' Mt obtained In this Court against of the firm,
which the ipdiyidJial member Of the partnership
in the had be en- sod this Court cannot
motion determine the rights Of the parties direct
the sheriff what dsposito. he must make Of the moneys
in Lis hands The parties must resort to their remedy
by action. Motion denied, without costs.
ZyLyim RociOn rs. a. Bimof and OiAers.-De nurrer
to complaint ued with leave to amend on payment
Of costs.
IN ne Ma,i,r Of Lrinsson LunG'ic-Repor Of referee
confirmed
.fsIand,r Forrest rs. Eod5an & Cruup.-on volun-
ert red assiSre" to assign and deliver the property The
assignee gave key Of the TO the receiver but the
wife Ct the debtor set UP claim to storage. This
delivery by the assignee and attachment awarded against
him Tor contempt.
Nm kr Is. JscO, S. Patt-Motion for injunction
denied.
Msrsara A. PrsH rs. cail,rin, Poa-Motion for re-
sale denied.