The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-07

..asc u sesesr - tts seosnesayi.g asss.aa..ss
jury ssaisi IN q sss~:r tit & sssssss.k .. s,
.s g = ~; s.,sssS
scouclusion ofiaw drawn from tho nature Of the deaa
tory matter and Is not txaversabe. To constitute goo
words But the answer though dlsosive snoa daaurrs
be- lsuurrer lies Only to matter In Tie s0swss
the s - va e e
matter in mgationia his auswee unoss e hes justlAsd
To matter In mitigation. the plaintiff Dan nsthsr dsnus
sdmi~abaity evidence The cede simpay givisg hin
the right which did not eEist before Of awaiting himself
them in h Ss ne % 70 i. n TSs s
iendsnt Without having justified or suicentiy denied
the speaking o. the words set up in smother part Of his
speeding the plaintiff Held be neither defence to the
action, nor matter 10 mitigation but wholly irrelevant
emo se .ne plsan,M shoud have Hoved 70 strike Il out
% such inssesd o. deAnrring. s.N r. .t
Lifk Us, Eiuie -D;porre granted In an action OF
divorce direct proof Of marriage "a not socesary e
wni be pr ssumed from marriage certificate proved to
long ceabitaaisa d the parties and Tie birth OF cha
drtn. Decree diss0lviDg the marriage for adulttg
Hudson Us. Hndsen-The frequent visits of married
woman to notorious house OF prostitution with ma.
not her hSs6sna made In covert and secret manner,
will in connection with other acts Of ascvious aud i'm
morsii conduct afford sufficient presumption that she
has oonmittt aduKrX. Divorce granted,
u.
The defendant endorsed Barueys motto 10 debt
due by Barney Barney agreeing TO take up at matur
IT, He failed 70 10 and the pisatF sued the dsfea
cant and recovered judgment against him. After the
judgment was recovered, tho plaintiff assigned It for
valuable consi derstion Walia and while il was in
an 70 he Nc the then
signed IL to one Prescott Prescott paying tsna Sds
amount nearly equni to the full Aoe OF tie Judgment and
caused execution to be Issued which levied upon the
defendants property: The defendant now moved the
court for equitable relief and to stay =. up
on tho judgment and execution Held that Barney
the principal debtor and the defendant but hts surety
end that the merging OF the original contract in the ud
ment did mot change the position Of the parties that
when he paid the judgment he but discharged his
debt That the payment Of the judgment By the party
eataby bound to pay it, put an end to IT, and Barney
could acquire nothing the Of the Judgment
to him transfer anything by the assignment Pres
cott that Prescott though he paid fu consideration
took Of the Judgment subject to the equi
ties existing between the original parties That party
who makes such purchase must be regarded taking
IT principally upon the credit of the persons from whom
is vsiueless he must bear the loss That made diff
ference that Barney had given the defendant collateral
Nothing had been obtained upon them. and he enti
tied 10 receive them back Now would the fnct il that
had been clearly proved which il not that the de-
PENDANT became indebted to Barney after the recovery
OF the judgment enttle Barney of the judg
ment to enforce it against the defendant
securing In part the payment of the alleged
ness? lie must bring an action of law to recover for
such indebtedness il any exists. Motion granted.
Mes u.s. Pan-Ths was an action Of libel brought by
mencd Niles sentenced to the State prison and the
trustees of his estate proceeding with the suit
The defendant moved that all proceedings their part
be stayed until they file security tor cost Motion
granted
Bru.n zuchoasy and appellant Defendants put ina
detective answer and plaintiff moved to strike out
frivolous. Motion was granted, but with liberty to de-
fcndsnt to amend his answer. He served an amended
answer, setting up entirely different d. fence. The
plaintiff moved to strike it out not within the liberty
granted. Motion granted
James Baytep Richard Broun--A bond In the form
rad tpa ulc tI,a Vtnf
in appeal from the Marine Court to this Court
The nature of the bond in the latter prescribed by
The code aud must be strictly followed Leave was given
to appellant to file bond and proceedings upon the
execution in the meanwhile stayed
Frost as. Lake Garv-.9Ssa,M and Batery.-A de-
fendan cannot deny that he committed the assault and
then answer moiter impoSe,f which admits the
ssuit but ustes it, The defendant after denying the
assault answered that he policeman engaged in
preserving the peace; that the defendant rushed upon
him and that for the purpose Of order aud of
preventing injury to himself he arrested the defendant
Bnd took him into custody. Held. also that this VII.
effectively pleaded distinct matter of defence mas
much as the answer did not sufficiently connect ii with
the ault set up in the complaint The should
bave stated in the former practice that this the
assault complained Of The plaintiff after ayerrng in the
complaint that the defendant assaulted and beat him set
forth with pDneces particularly the manner in which
the assault was made to all of which the defendant replied
denying specifically each particular allegation Held that
all that necessary in the complaint was the state
meut of cause Of action and that that sufficiently
stated by the neral hvelmen that the defendant
ssuled and beat the plaintiff. That MI that followed
respecting the manner in which il done matter
of evidence relating 20 the OF damages and
formed no part OF The pleading which mitsd to
the statement denial OF the existence of Cause of
sction. That such allegations not being material to
stat mt nj of the Of action not admitted by
the iaiiurs to saswtr HAT they not material or
Esuable facts which the plaintiff bound to state
which il stated the defendant required to
Held farther that the allegation that the plaintiff had
sustained damage was traver.ed That damage
followed conclusion OF law if the plaintiff had been
assaulted and the smoun extent oil il TO be deter
mined by evidence upon the trial and was not matter
OF pleading Motica granted with liberty to defendant
to amend
Russell rs RseNThis Court will in no ia stance grant
order to show unless it clearly appears that
ia necessary that ths motion should be heard within
shorter time than the time Of notice required to be
given by the code Where stay Of proceedings are
necessary it will be granted distinct in
necton with the received notice of motion