New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-02
LAW INTELLIGENCE.
CIRCUIT COURT-Before Jadge EDWARDS.
Shsnnon and others ast HOOse.

The settlement in this case was that defendant agreed to
receive $50 and reconyey the property.
SUPREME coURr-Is cH,srERs-Befors Judge MITCHELL
HABEAs CORPUS
Application 10 set aside writ granted atrequest ofJacob
L. Swaze who surety for the appearance OF Frederick
Ritter in civil suit entered in NewJersey, where Mr. H.
has a contract on rarOad but Mr. SwaZie seeks get
rid of his suretyshp In behalf of M Ritter stated
that Swaze had abundant security in mis- hands The judge
considered that il matter be0n gng 70 the Courts of
Newersey that Mr. Swszie will repair to that State in
sPEcIAI TgxM-ReEore Judge ROOSEVELT
DECISIONS.
Susan ) Williams agt Thomas 2. Williams Divorce
Caroline A. Reeve agt Henry Reeve Jesse Reeve and
Luther Reeve More than 40 years having elapsed since
the death Of the tesato and nearly many since the al
lodged decree Of Chancellor Lansing directing the money
to be paid into Court and sufficient explanation being
given of the great delay the Court does feel warranted
on mere summons by affidavit permit the money be
drawn OF the Trust Company without further inquiry
reference must therefore be made % referee b. invest
ieate the matter and report the material facts with his
opinion theron Notice II the reference should be given
to the officers Of the Trust Company Judgment IN the
mean time to be suspended
Insersal and wife ast Insersou &C.
Where plaintiff IN PARTITION, makes voluntary convey
anee OF his interest it IS not necessary to change the title
Of the suit is such change proper unless under special
circumstances TO be judged OF by the Court GENERALLY
the rights all persons interested in the subject matter
best protected and ne orderly conduct Of me proceeding
best promoted by continuing the action as the provides
in the Of the original party sec. 1911. This is
peciaIly the where report tide has already been
according their rights and interests they stood
before the transfer
The referees report appears 20 be deficient in some and
erroneous in other particulars.
Marriage alone does not make the husband tenant for life
of the wife real properly. There must be child born
and the wife must be 5eZec OF estate in pre-
sen and not be merely entitled TO everonary interest
after the termination Of existing dover estate in the
widow Of tie previous As 20 one third Of each
share therefore there be courtesy
objection as to the birth Of q child should be removed
The objection applies 10 the alleged iDchOate right
OF dover Of the sons wives Dover upon dover is al
lowed by law Tho third apart for the widow sub
ject any claim inchOae otherwise IN favor OF the
daughter in-laG.
As TO the claim Of the former attorney Of the plaintiffs it
cannot be adjusted in this
An Attorney since the code stands upon the same foot
ing as any other workman" The measure Of his
pensaton the mode of securing is payment left
entirely 20 such agreement be may make with bis
and subject Likewise 10 greater disabilities than other
persons Certain sums Il IS true, are allowed or may be,
TO the prevailing party upon the Judgment; which, for
cow enence Of expression termed costs but
pressly declared only that the allowance 20 the
party but that Is be made by way Of Hfea,ty for
hi expenses in the action 503 His actazl expenses
may b. greater or they may be less they may consist OF
law charges or they may consist Of charges in no way
connected with law lawyers and which have entirely
been dsfrayed by himself How then can the Court saw
that an allowance thus made, necessarily or in any way
belongs TO the Attorney or that without any express
agreement he has en legal or equitable on the Judgment
for the amount Besides since the code there Is no occ
sion for such Implied Law The Attorney not disposed
rely upon the mere personal credit of his client take
an assignment Of the judgment and Of the demand which
may be recovered upon H. or interest such judgment
10 the extent OF the costs and per cenage any other
extent contingent certsn may be fairly agreed upon
payment security for his services The code per
un Vce Arrangements, sld tAs permission with .hsE own