The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-02

MAY N.-Wilam Ste wart, ESQ.,, of Indiana, was
admitted ON Attorney and Counsellor of this Court.
No. S:-phe state 20 Of Pennsylvania vs. the Wheel
Mclean delivered tho opinion of the Court, that
the Wheeling suspension bridge is an obstruction
and nuisance; that il should either be abatcd so
elevated that 1t will cease TO be an obstruction; that
such elevation shall be at least one hundred and
eleven feet above low water mark; or, that if an
unobstructed navigation can BIO opened through the
western channel SO as to avoid the distractions
caused by the bridge complained Of that sotendans
have leave 70 do so, ard rcpor. the samo to this
Court at its next term; that the said bridge be
abated or elevated, or the western channel 90 inn
proved, on or before the lst day Of February next;
ard that the costs in the case be paid by the de-
fendant.
No. l2l.-J II. Howard vs.. S. NJ. Ingersoll. In
error to the Supreme Court Of Alabama.
No. l3l j. II. Howard ct nj. vs.. :. NJ. Ingersoll,
in error to the Circuit Court of the United States for
Georgia Mr.. Justice Wayne delivered the opinion
of the Court in these cases, reversing the judgments
Of said courts with costs, and remandng the cases,
with directions to proceed thsgewi.h n conformity
to the opinion of this court.
No. l32-A. Saltmarsh VS.. j. w. Tuthill in error
to the District Court of the United States for Ala
bama : Mr.. Justice Catron delivered the opinion of
the court, affirming the judgment of the said District
Court in this cause, with costs, and damages at the
rats Of six per cent per annum.
No. l35.-J. Fowler, Jr. vs.. N. Hart. appeal from
the Circuit Court of the United States for louisiana
Mr.. Justice Mclean delivered the opinion of the
court affirming the decree of the said Circuit Court
in this cause with costs
No. l62-3.-C. Hill.an G. P. Goodall, vs J. W.
Tucker, executor of A. Robinson. In error to the
Circuit Court of the United States for Louisiana.
Mr.. Justice Wayne delivered the opinion of the
Court in these cases, reversing the Judgments Of
said court, with costs, and remanding the cases,
with directions to proceed Herewith IN conformity
to the opinion of this court.
No. Ids. Norris VS.. Il. B Crockeret al. Ger
tificate Of division from Circuit Court of the
United States for Indiana. Mr.. Justice Catren do
livered the opinion Of the court aduding that both
questions be answered affrmativcly.
No. 174-W. w. De Forest ct al. vs.. c. w. Law
renee, late Collector, SC. Error to the Circuit
Court Of the United States for New York. Mr. Jus.
ticc Nelson delivered the opinion Of the court at
frming the Judgment of the said Circuit Court in
this cause with COSTS and damages at the rate Of six
per centum per annum.
No. III }. B. Pillow vs.. T. Roberts. In error
to the Circuit Court of the United States for Ar
kansas. Mr.. Justice Grier delivered the opinion of
the Court, reversing the Judgment of the said Cir
cult Court in this cause, with costs, and remandng
the same, with directions to proceed Herewith in
conformity with the opinion Of this Court.
No. lSI.-Tho United States vs. A. Hodge, Jr.,
ct al. In TO the Circuit Court of the United
States for kouisiana. Mr.. Justice Daniel delivered
the opinion Of the Court, reversing the Judgment OF
the said Circuit Court in this cause and remandng
the same, with directions to award uenre focias
dc oco, and to proceed Herewith in conformity to
the opinion of this Court.
No. 2l4-C. w. Lawrence vs. J. Caswell ct al
In error to the Circuit Court of the United States
! for New York. Mr.. Chief Justice fancy delivered
the opinion of the Court, reversing the Judgment OF
the said Circuit Court in this cause, with COSTS and
| demanding tho sarre, with directions to award q
rtnue facsos dc n0co, and to proceed Herewith N
conformity to the opinion OF this Court.
No. 23l.-Wrr. Moves ct al. vs.. W H. Scott, Ct
al, administrators of w T. Scott. deceased, ct al
Appeal from tho Circuit Court Of the United State.
for Georgia. Mr.. Justice Curtis delivered the
opinion Of Tire court, reversing ,he decree OF the
said Circuit Court in this cause, with costs and re,
ma2ring THO for further proceedings to DC had
thcrcn in conformity to the opinion of this court.
No l76-S. Ii. EARLY vs. John and Joseph
Rogers. In error to the District Court Of the
United States for Virginia. Tho Judgment. Of the
according to the stipulation filed by the parties.
Rule No. 6l.-Whcn tho death of party is sug.
gcsted and the representatives, of the deceased dc
not'Wpcar by the tonth dsy of the second term mex
taken by tho opposite party withm that time tf
compel their appearance, the case shall ahate..
This rule shall apply to cases no Y on the doehc
aswel as to csses ho,eafter becugh.. And thost
now on the doSetand falling within the rule, siial
abate the tenth day Of Dccszdber term, 1852 an
l@sl upon special cause shown the Court shall arec
| Otherwise.
4 Ru,e Nc 62--in cases where n writ Of error j
rro.cn ed 70 beSr preme Court ami the juGsyM en
u ne inferior court is affirmed, the interest shell
calculated and levied from the date of the judgmer
hc'cw until che sarie is paid a. tis, same rate tha
similar judgments bear interest In tho courts Of th
! state where sutil;iIdgment is rendered.
The ame rule shall be appliet,to DEGREES for tn
ayment ofy8oHc7 in caser in chancery. uBicss other
wise ordered by this court.
This rule 10 tsske atieetson thef rst day'of Deseu
sJer term, 1sy.
4 ADMIRALTY RULES, -crdered, that furcher proc
taken in u Great Court upon admiralty apes
shall be by3spssition. 70 ken be ore somc. Commis
sionerappolnted by circuit Court, pursuant to IL
acts of Cougrosc IN athehalf o. before some Office
authorized toteke depctitons 1,y the thrticth sec
tion of tho actcf Congress OF tar oath Gffeptember
| l7S9, upon al exans ination and cross exannl
ftiOD unless Tho Court in whctsuc appeal shall.b
spending, Of the Jcdges thereof, upon motion
lllow conans ion TO isrue to take such. depositIl
upon writtc. sntcrr0gs&ories end crcss,;nterroga
ltsories Waea-such deposition shall be taken 4
lsial e!laminsra, nctl caicaG TIC, gstrat
ls3efore wnoEl9tis to De taken.,sr FROM the ccrf
lthe court ins8lch suc-1ppe,lHhall bo.Ecnding ~
tie adverse s,2Ysy, to bopesentat the tai! ng Of t
81 me- and u pat intcrTsgasories, If hc 11iui fit
Il all be ser~ the alY party or mis- tternev
ld, rot 'esst5a:a twenty .ap nh3rs. and ir.sddiol
thereto one day sundayscaxalaaigc. for evey twent,
| 1rsll,s travel.
! Provided, aaas the CosrI IN ~hich suat apptyn
mag be pendEl,, either .of Judges erect
may, upon mctoo, increase ord minish tho 1ongtt
ofDotiee above required
Ordered that .s3ieH oral epidorce shall 10 saken
down by tho ciork.of the DistIio. Court, pursuant
to thc above mentioned scciian of the act Of Con-
gress, and shall az transmitted, ahe Circuit Ceyrt
the same may ho .psed in eEidanos the appeal,
saving to each party tho right to take tho denssi-
tons al the same -nesses, .eiler of thsan, Il
he should so elect
Adjourned to the xsyt Monday in December ncx.
ElsctrieIty Applied TO ths Capture OF
WHALES.