The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-01

Decisions by Hon Judges Ingraham DAILY and woodruff
WAY Lv-o%es n.m' a,pefiam ps JONES q Bennett
this appeal was taken not appealable order within
the a4eth section of the code exercise o
discretion In giving the respondent time to make
ton and staying the appellants proceedings in the
time The appeal Is not regular under the rule of th
Court adopted March ed 1851. Under that rule thu
appellant he desired to reverse the order made al
Special Term should have procured the certificate of the
judge as prescribed by that rule 1t is said by the
spondent that the suit brought before the code tool
effect This does not appear by the papers but If it bc
conceded, still the is within the rule last mentioned
and that rule should have been followed We by nc
means satisfied that the respondents application
meitorous and as the dismissal Of the appeal il upon
ground entirely consistent with good faith aud merits
the part othe appellant we order the appeal dismissed
without costs to either party.
Patrick Coye respondent. Geo j. Smith, appellant
Judgment affirmed. with costs.
HIM Meyer. respondent Ihos Milton, nppeltant-Judy
mcnt reversed, with costs
Darid Coaeal Us. Daniel Talmndge. Judgment affirmed
Samuel r. Robinson u.s. Elisha Rueknan Judgment af
frmed with costs.
Michael Logan appellant. 1Hos. Gilch, respondents
Judgment affirmed with costs.
Daniel H. Hastings and others. appellants, Robert Glenn,
respondenfJudgment affirmed, with costs In action
for obsructng the right of way the title to real estate
cannot be said to in question to GUST the JUS
toe from Jurisdiction If the defendant before the plain
TIN proves his case goes himself upon the stand and in
the course of his testimony shows the plaintiffs title.
The title in such does not out upon the plain
tifs showng and the defendant having shown it, cannot
within the statute he regarded a. disputing it,
Geo W. Eat Us. ii. II. Olmsead Judgment reversed,
with costs The plaintiff having contracted to work for
ear mt the rate Of 5000 per and having left before
the expiration OF the year tempted by offer higher
wages from another party held that he had forfeited all
claim for wages under his contract
Patrick Cunningham. By his guardian, john u Under
hWThc defendant, by appearing waved the rregularty
in the return OF the proof II any existed The dcfen
dant filed another action pending with general denial
OF the plaintiffs claim. Held that another action pend
ing matter in abatement aud waved by the de-
fendant pleading ia bar The provision in the Revised
Statutes authorizing justice to discontinue suit before
him. upon the defendant making affidavit that the justice
Is material witness in the does not apply to JUS
ticcs Courts in this city In action brought by in
FAINT for services upon contract made With the infant
it lies with the defendant to show that the infant has
parent living who il entitled to for the services
Peter Ifagon The Harlem Railroad Company is
the duty of the Harlem Railroad Company to put up
cattle traps ut the road crossings along their road suitable
and sufficient to prevent animals getting upon the rail-
road and If they put effectively that animals
get the road and injured they may be liable for
the injury.
Oacen II. Shepherd rs. James d. Acknowledgement affirm
ed, with costs.
Zeba H. Ketcham John Hight and ohers.-0rder of
special term reversed, without costs.
Ddrid j. CrOnk IS. John Observation-Disclosures
verscd, with costs
Edmond Woor IS Henry "A. Fios'.-Judgment affirmed
with costs.
Horato .3ucrM and others rs. Aepinder C. Laorencs
New trial ordered on payment OF costs.
The Mayor Of NeW York Goaieb acknowledgement
affirmed with costs.