The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-30
Supreme Court--GeneraI Term.

Hon judges EDWARDS Mitchell and Roosevelt presiding
OcT0BER 29-DEcIsIoNs.- Koriright Us. .A,islee and
North .4me,ican Fire Insurance Company and .4insee
Kort'ig0ns decree to be entered in both The
loan Of "a 500 was made by Kortrght administrator
The interocutory decree consistent with this view
1t was intended to ascertain the amount Of the indebted
ness to kortrght whether due to him an individual or
not to be regardsa n this anti Int AZ he i not psrty to
rights are to be saved by the decree so far as re-
CARDS any suit that he may institute. Neither party to
have costs as against the other.
WILLIAM Val rs. The Howard Insurance Company.-Mo-
ton to set aside verdict denied with costs.
NJ and a. Belden aud G Beden Report Of referee
confirmed except to the item interest ST. that
makes difference in the result the LIST May, 1885, of
~ 295 ST. that with the interest is to deducted from
the amount allowed by the and then the report to
be confirmed without costs to either party.
Lockwood ps j. Dykrs-Cause to he sent back to
issues Of fact and report the balance due from party
TO the other and to examine either party witness at
the request Of the other according the directions of the
code and not according to the former chanccry system
as party. Costs to abide the event.
HIM. f. bgerson us Isaiah basersoA-order Of special
term modified, with COSTS that the substitution be
condition the disbursements the attorney be first
paid or secured to him.
Cqs,en Us. Bush,,eA.-An answer is not shown If it
merely denies the allegations Of the complaint according
to the terms Of the CODE although the denial be not made
az OF the and the plaintiff shows
that the defendant probably knew what tho fact Or
der of special term reversed without costs
Spear Myers-Order Of special term affirmed with
equity Of the parties have Judgment set off against
the other superior lien attorney for his COSTS
But the application for by notion 1t cannot
be allowed il the party has assigned the costs to his attor
ney before judgment.
In The matter n 4seer,aining Tie Compensation Of Sarah
James to be paid BY the Croton ouduc, Department
commissioners may be appointed to appraise all the
damages that each person owning any of the land
necessary 70 be- TAKEN WI sustain; oy reason Of
cluded within the intended Reservoir-joint tenants
tenants in common, and husband and wife to be
Council approved Feb s. 1851 sufficient to authorize
the Crotcn Aqueduct Department to apply for the ap
Morgan rs the Mechanics Banking Association
settled that the suits by the bank proceed to execu
ton without prejudice to the rights Of the plaintiff
account Of the payment that bs made to the bank
Iooker Weeks-New trial granted; costs to abide
the The question whether the mode Of punish
ment inflicted by captain Of merchantmen one OF
his proper not, is under the circumstances
a question Of fact for fhe jury, and not oflaw.
With coss agresment be.ween two nerons to MAGE
mutual Wills in favor of the other will not be spe
officially enforced where there is consideration for the
agreement except the mutual PROMISE and nothing has
been the survivor towards the performance of his
promise during all the life Of the other party.
Sears and Griffin Rice and GriGM-Report OF referee
aside Costs abide event unless plaintiff elect to
deduct from the amount reported in bis favor the two
sums Of sl6S 70 and s2S 9s with interest The question
of partnership or not was question Of fact, on which
there evidence enough to prevent the court inter
feripg with the finding of the referee.
West Us. Neron and Buckham The decision as to the
costs heretofore made to stand notwithstanding the
argument. The costs we're discretionary.
Morleyrs Green Judgment Of special term affirmed,
with costs
James Mason Us Isaac nes-Judgment Of special
reversed and injunction dissolved The bill in the first
not being to establish the will and being only to set
aside trusts declared in the WILL its dismissal the
its only established that the trusts not inconsistent
with the statute and not that the will duly executed
The question Of the due execution of the will is thus still
left open to the parties
oRDER.-At the next November circuit, any follow
ing circuit until further orders belonging
etb or Of the two following classes may be placed
special circuit calendar unless the trial is likely to
by than one hour,
first " hen the action is contract, and the an-
merely denies the allegations In the complaint with
out setting up new matter.
Second Where the action IL contract, and mat
ter Is ret in the and there shall be to
believe that the defence made only for the purpose of
delay.
To tntle the TO be placed in such calendar the
plaintiffs attorney must give due notice four days before
sny Monday in the circuit that he will on such
Monday TO have the cause placed on such caen-
dar, and the motion will be heard such Mon
day, and, If granted, the may be heard the
following Ffilsy. II The motion be founded the be-
lift that the defcrce for delay adays must be served
at The time Of notice The plaintiffs attorney must also
deliver the clerk Of the circuit like noic also four
days before such Friday containing also the number Of
the cause IN the general circuit calendar. The
motion may be made any day before the Judge Mt
CbBmbere motion Of four days II the shall
tuay occupy more than hour in the trial. the trial
may be suspended at the dcreon Of tho Court and the
cause be put down ct the foot of the calendar
THE coNvIcTs SULLIVAN AND CLARK
These unfortunate mon convicted Of murder and
sentenced to execution by the Oyer and Termner, aud
sub eauently brought before this court which ordered
decision Of the general term and confirmed the proceed
ipgs OF the Oyer and Termiper Under such clrcum-
stances The verdict remains good but the law requires
that the criminals should be sentenced Sullivan and
Clark up before the Court this morning In the
tody Of The sheriff; but motion Of the District Attor
ney (Mr Dlun) they recommitted, and their
deferred to the 25b OF November next The court
then adjourned 70 that day.