New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-19


however saved from drowning by the exertons of OF
fcer Bogart Of the Eighth Ward, who porceivng that
ne was insane took him 10 the residence OF DR. Curtis,
No . Woosierst, who pronounced him laooring un'
der the effects a an stack Of oeiinum trernens Sda'
bic remeiies applied but without effect and the
victim % intemperance breAthed his last Yesterday
morning he was native Of Ireland, only 81 years OF
age.
SUPREME CoURT-Specia | Term
Before Justice Ell wards George Smith VS.. Ann Saith
On motion Of Mr.. Van H)venburgh attorney for
plaintiff judgment FOR Divorce for Divers acts of Adul-
tery.
SUPREME CoURT.-Specidl Term
Before Judge Ed Decisions.-ReRry C. Foster
sct Jdr7es p. Brooks and oneTs.-Moion to set aside
Judgment denied. with so costs.
Gurus ". Fieidagt Tie MdyOT, SC and Jared w. Bell
Motion 10 alter decree denied, with $40 costs.
Robert EdaOndsOH sgt Thomas EdsoHds-Moti0n TO
strike OCT answer ss frivolous denied with $40 costs.
Rufus So7y agt. YIN. Story and Others-Modon to set
sIids delsnlt granted, without costs.
Thos CcrnTsH ST. sgt. Isaac Netri0H-Motoa for new
trisl denied
The Mayor &c. Of NeO Yort sgt Duncan P Crnp5sH-
aGL-Demurer Overrued, with leave 10 defendant 10
answer Ia % dh7s on payment Of costs.
Ddrid L. Red agt join HGHrahGH-Noto1 that
answer be made more definite granted, with SO costs
to abide the event
Am CLARK sgt Wdlter Cqark-Judg men. of divorce.
GORGE III. Trdc. Il al sgt. Edvdrd KsRHd, a Gl-MO-
ton dissolve Injunction granted, with $40 costs.
MoraHa gt. Godfrey-Demurer overrulsd, with leave
to reply on payment OF costs
Points n the above
COTnCH at Merton, on rcrdfct for collision As 70
the objection taken, II there want OF proper par
ties the defect appeared ths face OF the complaint
and should have been taken advantage of by demurrer
Code lii subdivision IL could not be set up in
the answer (R g. li7) What Is said in relation to the
charge of the Court, that If the schooner suddenly
her direction from the instinct of self preserva
ton and from apprehension the part OF the per-
I'M rg Nfrufn hpr ~ 81 upq
the steamboat would be liable should be taken in
nection with another portion Of the charge that if the
steamboat went so near the schooner rs to render 1t
dOu tu which side she Intended pass then the steam
Doe, would be liable There Is sufficient In this
preponderepce in the testimony to authorize the Court
10 set aside the verdict
The MAYOR, &C. agt CdDp5eu-The plaintiff was not
bound by the law Of 1896 tbe original contract being
before that TO give Is days nStce OF an intention to
enter
Moran sgt Go5fel-A testator has right TO direct
the OF his estate TO apply the and profits
of the real estate TO the payment of the principal
due on the mortgage. II is in accordance with the
ststute snd decided in Paige lO7l29.
Tracy set. htnnG.-The claim Of Foster was upon
Keuna alone and not upon the Brar Greek land or any
other special property
Court OF COMMON General
Tzm-Before Judges Inershan, DAILY and Woodruff
Decisions Judgment affirmed with costs, viz;
I'm. Brak1 a. a. sgt. John ". LatsoRj Joseph Lynch
agt Francis BurbG9e.
Judgment reversed, with costs, viz Geo. S. Drep agt
HtliOm PecLnelt John Clark and another, agt. Samuel
Do,rais9; CGttartae Hood agt. Michael Doyle.
Also the following John Kennedy ag.. John Paine.
-Juo gment ordered for defendant with costs.
Joseph Bounty sgt Richard ToteH-Appeal dismissed,
with $40 costs against appellant
Frederick w. Reizpsr 81 agt- Charles Ndgle-Orde at
Chambers modified to require the plaintiff to pay
the costs of the May term Ia other respects affirmed,
John ONea aet TRos. " Martin, ic-The order at
Chambers revoked with sO costs, and defendants or.
dered appear before the Judge at Chambers such
day as be shall, by order direct, tor examination
Geo ". Bdssford ACT Patrick &ieLis.-Judgment re-
duced to sos L. AND affirmed for that amount and re-
versed to the residue, without costs.
POINTS in the above.
Drao aet PestneH-Where q claim was made for
services of Daniel O'Donne a plumber, the said
ODonnell having been bound apprentice to Mr. D. but
employed by Mr. p notwithstanding, notice to that et
feet judgment given In the Justices Court for Mr..
D. tor SIS. Appeals made on the ground that although
the indeuure stated O'Donnell 10 be a minor and he
bound apprentice to Mr. D. by written consent Of
his father and mother the testimony before the Justice
show ed that he In fact 2l. Held that party
hss right 10 show after he arrives AT that the age
stated in the ndentures Is Incorrect and 10 clG his
dhcharge-and the same can also be shown by person
sues by his aster for vices. Judgment reversed
Clark Ct a. egt HRinS.-Eed that an assignment Of
an interest in claim by of the plaintiffs to the other
is valid, although no consideration is paid for it, and
such assignment is good defense TO action brought
by both plaintiffs against the defendant to recover the
claim after the same had been made.
CGthtrine Hoods, at suit of Doyle, Hen for work
on buildings In Eeveat stAs Held that under the deci
sion made by this Court in the of Doughty agt.
Devlin good defense the part Of the OwDer 70
show that he has paid the contractor all that due 10
him. ltwa shown that the owner had paid the CON
tractor all thst due and that the contract not
completed but abandoned.
Bunker Is Smith agt. LaLsOn For painters work on
some buildings in Thirty curth-sE where judgment was
given fer plaintiffs and appeal is msde. Held, If the
defendant below neglected the trial 10 Introduce in
evidence release o. the plaintiffs for their claim ne
was concluded aud the Judgment was final, and could
not be disturbed.
Bainfy agt Totea. Where judgment rendered
against Richard Totem tor services by plaintiff in raising
a sunken vessel The Richard Totem In the present
is the name but not the same person. Held
that the proof was sufficient that the appellant was
not the party below, and that attempt was made
to enforce the Judgment against him, he was not re-
quired TO nterpose appeal.
ONeil agt. MattiR-Where a judgment IA recovered
In the Justices Court and transcript fled with the
County Clerk, and supplementary proceedings tlSen
thereon the merits OF the original action cannot be In
CURED into sbjectOn be taken 10 the jurs-
dicon # Il Justice that does not appear on the face
of the proceedings An order diminishing supplementary
proceedings is an sppealable order without security
Bassford agt Shisid-FOr basin heads &C., furnished
for sewer In Broadway between Canal aud Wnte-sts,
where a judgment of 500 was rendered. Held that
there being positive testimony Of the price at which
certsin goods were sold the judgment of the Justice,
which was for the market value, founded on the est
mates Of Witnesses was 10 be deemed erroneous
rAdverisementl
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