New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-02


0sss Judge Eamonds said inc .n al,n.V because
sbpt hs i,l-;ourded. 1 do nos Know 10 H.,
snn nu,d have allowed temporary ailnion1 ~, "A
CSm ssy upie IS they tnonsh II nau Deu In Nh a
e~rtdrawn because sne ei.eieu ' as sHmonv WAS
csee Ma S e,ar from man OF pfnceiy ioIsuuo,
csH ~ 60, allowance was $40, COO year. J." '"'
rbn Court the defendant donied tne ,ao.S ,ofs,-
Tsn B. said he did not-the oilI az :. 10 s,ct,
- 10 permanent allowance, aAu mn ,hs IDEA that
ssssd and the decision was oAscu on WIG Wv
ees~,fRips had been adais'eo. ,, ~o,,d have
Cg ~ aid IL was preliminary, ana wVau L. ~
- different had she proeeeoea aau al,mony
~ealai.t IL orlv shows ies'as teihP: .h.n enourh.
smY s enough. and I val cay more ,ht nns De-
tsS go 10 ask Cor more, except on ohe ~ -
49, sbsye we thought large expense w." y, New
N,ovn upor Us BY empoymen' o. aIf,wance sufi-
oEesns. and the Court tnousa' s IL. 100 yes /, was
eitns AS VIZ 30. nsrt of Mrs foreft-sne sousn a
eonpuisciy ON ". mere temporary allowance Gre
y. Gy ths Will of Mr. Forrest, because
s,st had no power to eosfee Yea that Mr.. Forrest
80 theye had been no ofense on MS PM,
~ as wear sufficient but your tiono' rha end.
SIsnie "a take q different sleM Oh ~. Nc On -.
~ sns y,,rv is that the fault was not only on one
" Oh tes Va n made a reInark.l Dir. OC. salo
tos. -. AZ the Jury was that the 'aut was a'o
ne n.oas IN" psIt OF Mr. Forrest, and none on nef
part s.. thu, tho statute must control in this
AstV s W. The IDEA IN II is the same as
cae,ns Kirby, where the income OF sne nus.
hnSy snail and the lswsays, ahCri nef snnlorus
pma In the case OF parr against but.' .ne
:Vscnc Of The husband vas SoU,".va so,sp,
Court thought i nsst 70 ss should be Commensurate
VI ~. cc,d,tion of the parties IN lie. Can MIS-
VIE Wy 80 in respectable manner, approaching
S., shs has been accustomed 10, ol man VI. ~.
, T,s r. il has been said, has no chlioreh' out
sum Fan .f,om WIN she has q sister to whom sac
n nSs in the laht OF parent Us 10 UT ne mas
=" children ana during the hie''me OF Afs uhue'
,he divorce be leglumateiy cannon nave,
Aste vhat is said about the press w i0' ""'ii'
Thai II has been correct.
Ths es,a,e OF Nj Forrest has been shown 10 be
..a,ss $4,000. II is admitted that Font liss may
80 row be productive, bur there is nothlng pre-
tended but his property IN ths ciIy ana
!. nroduc,iye Re has large personal estate; ana
nfsmnurt shown is the SCALES, minimum. Tie is
sn,assd in profession where he can make large
,,roIpe ard have seen his letters IN which ne o.
isn 10 taxing Slo0 night; II rs SAD ne Is q. ,ne
Nod of a profession which, when parry Is sue
csssf,,l snords very great Decnnlary reward.
Ths yea, estate Of Mr.. Orrest, where now unpro.
,ue,iye can easily be made productive III was sad
me nsger Of Mr. Forrest stated that ms income does
oot exceed $4,000 yeatl
NJ. IL sbout 81 wears of age, and requires all OF
rhs.hss been allowed her to enable her TO i've as
All 10 the tine when alinony shall commence, the
The Chancellor dismissed the appeal of defendant
and settled it should be allowed from date OF sun
ard confirmed in Court Of last resort ana wouio
not look behind that
IT'S tue there is a discretion in the Court out the
Coart viii rot consider that this case, with all us az
Ter dspt circumstances, presents any matter OF dls.
erection which will Call upnn Il 10 make u uiHeIeht
from the case Of Burr and Burr
A tn alimony and dover, We should be allowed
tbe election If necessary TO take AT once do wer or
the allow ance. do not DOUBT but we would accept
the dover bu! think it would be better TO LEI the
matter stand ard be subject 10 motion to do away
with the alimony or the dover, should the coniin'
gency arse.
II istrue If Judgment is entered, the plaintiff
would be at liberty to marry again, but suppose she
shouid do So, Ia the event % second trial, what
chance would there be for her before a Jury
There is propriety for a Judgment. MI Forrest
has now all the rights Of husband, and he can 90
jecl even to her speaking 70 persons and II per,
ioR should die and leave property TO her, ne would
have rIe9it IN Il.
Astc Ills being said tha' Mrs Forrest has changed
Der name, / Go not knox tina, such is the case !
addressed note TO her yesterday as Mrs. foTress'
and that IS yet her name.
On the minor points that have spoken OF, IL IS
proper there should be 3 judgment Asto her N ar
RE again, while the case rs on II is not probable
We ask that decree DC entered. because u could
rot affect Mr. FOREST inJaFlously without affections
Mrs Forrest still more seriously. and which he
would probably be glad OF ask that the decree De
entered In the form Of the suggestions and that the
Judge make such order as Ne thinks best IN regard
20 exceptions, &c, considering us as making no o9'
jeciieLs to any thing in relation 10 that.
Mr.. Van Buren,, said IN reference TO MI. Forrest
being able to make large profits that has no. been
presented in the argument or the case, ana should
not be tshea into consideration on the question o.
alipony.
The Cou,; SAID it might as well give it's views al
once as 10 the de cree IL been objected that de
cree might enable Mrs Fonest 10 marry again. The
Court does not understand that quest has ever en-
Aa.ta. lot
velsed, the marriage would be a nullity If, while
the lasts. Mrs unde n00k 10 marry, she would
place herself In great pci as, If reversed, 1t would
probably not be adetrec al ALI but that Is matter
testing with herself decree so far as TO dissolve
the marriage mus, be pronounced As 10 one party
NAM ing again and the other not, do not see why
shat formula should be roEsrted to- because the Court
has no power 20 make such order that belongs 10
the law but as II has been the formula II might as
well remain Ia the decree.
The decree will settle hnOny. Twill award ali
mony nom CONNIE nccmen, OF suit, and do SO be-
cause ca not mean 10 make any allowance for the
expense OF The su, eAcept as % taxed costs ihere
was an allowance made y hen there was no idea OF
legal controversy IL Was an aliO vance for comfort
able support in iife. That would have enabled her
an ore aspect 10 live and AIRY on prosecution, AS
single woman could live ca small SUN, bat the
paiiieS Nid rot so cOniem llate. The amount does
aol properly fall WITHIN u. Asthe expenses have
leen large and could not DO contemplated 1t is pro
per to axe II the oojsc, Of special vance, OF
terospectiye, in this way. Since the decision tha
the allowance was sufficient, the greater portion o
these expenses have osen incurred the expense o
counsel has been necessarily greater than all be
foie
The Jury have gone upon the principle that the
estate OF Mr.. Forrest Is worth $4,000 they have
tsken the income Of thai and allowed Mrs / one
thrd Ia SOL States n is the rule thai tn husband
Is considered dead on oig0rce and tn S on the
principle Of cover | do rot understand that Nj
J. asks for reference 20 the value of his estate.
LOO rot consider that almony is 70 be awarded in
any different manner from ehl,i il has been. The
ConlI may send the case back Il they peasc and
they would have the right % do 50 as 70 the amount
allowed hy the Jury, # they though: It unreasona-
Ne thought, on the triai, Il would be we'll to lie,
Che jury pass upon al'mCny, but 60 not base this
decision upon their finding
The Couti has the single fact that the estate is
worth tl5eoOC but his income not much over $4,000
year Mr. L, might 10. the whole Of his estate
Gas Font hili ~ remain unpfotuctiye but he can
toi say 70 bis vile IN conseg uencc, shat she shall
no, be entitled 20 her allowance. The usual way
N such case, as 90 allow per cent on the value
Of the estate
lsAsn therefore, make the decree, that the ALI
nony be s2,cyO year, - commence from tie enter
tkf oItks Satt