New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-01-28

seme questions were asked BY the Court II sig-
eesisc that II p.a'nun nsrped, with oil OF ex.
eep,ions perdfng, she did so at her penn ana might
bs placed IN very unpleasant situation
NJ OC said If party married While the SUBJECT
~as IN doubt, they must take the consequences. A
os r1Soineni To mske a oil Of exceptions The
Court vii render Judgment particularly where there
is Danger OF improper eondnt
Mr. orc renewed his motions for ia igment and
,o thst The Court would pass upon the question OF
sitmonv n considered the objections as 10 the la'-
tsrto be mere technicahties. The latter ioea IN
Dosss upop the Ceurt TO proceed In the sctesl moie
and NOT nermIt a counsel 10 ensnare anopponenl-H
;s moi for the Court TO permit them 70 say 10 us
II Won are going wrong go your own "ay, ana rs
so particularly the present CURIOUS sA.e .. .ue
Law. We say i. was correc. lol .ne ,.sy - vi,
SET thai part OF the proceeding aside As 70 amount
of property our evidence TELL ra'nef sh,I' OF ~na1
Was admitted in the pleatings merely ask yohI
Honor then as Chancellor. TO say 1t sproper tne
nlsiptifT sbould be allowed 5000 year. SO taaI Ia
The event OF ITS gong to he Court sAppeas may
appear. 49, h.
As to costs. l think 1t is proper thst .hey Ss
taxed BY TIE court. subject to review Expenses
AS well as cssts, are frequently taxed
As to the argument tina. the parties yoluntdfhs
separated, that was not SO Asto the Sl'.Ua 'Syi'
husband and wife cannot settle II before tflai- we
ask alimony from the commencement OF the SUI.
Mr. O'C said as 10 the decision OF Judge Duer, II
is true be cid express the oplnion s1aleo, ou' VIC
thought II rather a harsh one. IL MRS. toires, ma
been able to sustain herself and support her iitue
sister out of the amount allowed her. she ougns 10
be reimbursed for her expenses Ia this SUI. -
The Judgment will be given at the Speclai teim
and If the gentlem thinks proper he can appet 10
the General Term, giving security IN which case pro-
ceedings will be stayed and the fear expressed tna
moneys paid under the judgment, If the decision Is
Lost although the Court should have power to make
an allowance during proceedlngsl would De toSt,
would be without effect.
Ir regard to Mrs. F. marrying again while ths
pyoce edlngs are pending, and which would DC 50
disastrous If reserved he would ask the Court II any
imprudence has been shown during the frial In her
conduct to cad to an idea that such would De the
case. The parties are now IN an unpleasant posi-
ion. being Notwithstanding the finding OF the jury,
as much man and wife as they ever were lie con-
tended that judgment should be allowed
As TO the exceptions, the counsel for Mrs forrcs.
has been more than ordinarily cautious 10 preveht
any difficulty as to technlcaites We were desrous
10 est in The affidavit of Capt Howard in exculpa
ton of Mrs Forrest, but II was objected TO and We
did rot press So too, as TO affidavit from Con-
necticui It did not appear to be precisely regular
and We waved it, and have been cautious not 10
leave ANYTHING which could be reached by excep
tons.
The Judge said hat the matter of decree OF me
Kind was new to him, not having, where there was
any contest ever had occasion to make one IN o-
vorce lie would like to take the papers ana con-
sder the subject. II he concluded notto orGer udg
ment. of course proceedings remain saye1. II ne
should consider It BEST then argument mlgAl 90
heard on the question Of decree and ne suggesteu
that further argument be deferred, and the ~ho's
matter laid over to Saturday, till which time Jung
ment will not &c entered
Adjourned TO Saturday.