The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-02


known 70 tho laws ought not to 10 rightly repealed
TO have ees inseedsd - have been repealed
BY subsequent leg unless the subsequent enact
ment be csar to leave room for doubt,
pugnant az TO admit Of no osabiy Of the two prov
sious working together can discover nothing Of tho
kind In tho code To constitute course Of scon
therefore, against the esecutOrs Of deceased partner
where there is surviving member Of arm 1t IL still
ndispeDsa able heretofore that the plaintiffs should
Insolvency the survivor No such allegation be
ing contained in the present complaint the executors
them il must be dismssed with costa Isaveto amend
il not granted because the requisite amendment. could
not be made consistently with the truth IL being sug
gested and disputed that the surviving partner is
perfectly solvent
In The Matter Of the Petition Of Eliza 7hdyer Where q
party contracting to sell real esa dies before
executing oonve, snce his NAV apply for
order TO compel at heirs to complete the se
In such the widow right so far AS her interests
concerned to treat the roperv IA real or persona
But she claim both dover and third If she elects
to dover her estate for life In is nara
to the rights Of credors-if her thirds her in
terest outright in third of the proceeds
debts Let an der be entered directing conyeynnce
by the guardian name of the hers upon tho
purchasers complying with the of SALE and direct
ing the proceeds BIO distributed above indicated
Juiiete ID. A. Han Us. Ed,cin r. Hau.-Referred 10
w. d. French, Esq to take proof OF the alleged adul
terry and the other matters stated in the complaint and
to report the same with bis opinion thereon to the court
Stephen h. Brophyrs Walter A. Whac.-An attorney
band whether absolute or limited cannot sue the latter
for the costs Of the proceedings unless upon actual
pIome to pay expressly made by him, clearly infer
able from his language conduct. Such cases do not
within the meaning Of the law the denonina-
ton of necessite furnished the wife their object
and their tendency being to sustain but defeat
marital relation la the ivOice it is
to the wife to apply for ao herself by way
aimopy and in adjusting such allowance the Court in
that suit looking into the circumstances, can properly
oct mine whether any and If so, what amount Should
be crosred TO BIO paid TO her to defrAy, among other
charges, the expenses OF employing council Such a
ton appears from he peis, In fact made, and
after full hearing denied No precedent be found Of
name sueng the husband. Meeson and Wesby 265,
iadd vs. Lynn; and is Connecticut Reports shelton
aa or other suesg ny s &
evidence itsel TO be right; and the complaint
coldingly a. adudgod by him, be dismissed with
Caroline A. Ieae U.s. Henry Res~ Jesse Ree,s ana
Leher heereMore than 40 years having elapsed since
the ceath Of the testator aud nearly many since the
to be raid into Court and no sufficient explanation being
given Of the great delay the Court does feel warranted
10 be drawn out of the Trust Company without further
INQUIRY must therefore DO made to the referee
TO nyes.gate the matter ana report the material facts
DO given TO the officers of the Trust company.
IngersoH and Wye vs. In9erso1 Whore plaintiff in
rot necessary to change the title Of the writ is such
change proper unless under SPECIAL circum to be
judged OF by the Court generally the rights of all persons
interested in the subject matter best protected
the orderly conduct Of tho proceedings best by
the orsns party This ' the case Whers
report title has already been made according to the
rights ana interests they stood before the transfer
The referees report appears to be deficient some and
In other PARTICULARS Marriage alone does not
make the husband tenant life of the wfes real pro-
perry. There must be child born. and the wife
be seized an fee in present. and not
be merely entitled to reysonary interest after the
inaon existing dover estate in the order of the
previous A to third of share therefore,
there be custory estate il the objection as
to the birth Of child should be removed The same OBJ
lection applies to the alleged inchoate right of dover
the sons wives Dover upon dover is not ao we'd BY
law. The third apart for the widow not subject
to any claim nchoate or otherwise favor Of the augh
ter in law Al the claim former attorney of the
plants it cannot DO adjusted in this cause. An at.
torney since the Code stands upon the footing
any other Is workman" The measure of his compen-
satien and the mode Of securing its payment,
left entirely to such agreement he may make with
his client. lie possesses in this respect greater priv
ege and subject likewise greater than
other persons Ce tain sums it is true, ao ned, or
may be- to the prevailing party upon the judgment which
is expressly declared not only that the allowance is to
tho party but that 1t Is to be made by way indemnity
for his expenses in the action (Sec 303) His actual
expenses be creator they be less they may
consist Of law charges they may consist of charges
way connected with law lawyers. and which have
entirely been betrayed by himself How, then the
Court say that allowance thus made necessarily in
any way belongs TO the attorney. that without any
agIeement he has q lien legal equitable the judg-
ment for the amount Besides since the Code Is
occasion for such implied lien. The attorney
not disposed rely upon the edit Of his
Client take agreement Of the demand and Of the
Judgment which NAV be recovered upon it, or an ueres
tho~a vtrn& n.4us