The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-04
Supreme Court-Spectal Term.
Important decisions by lion. Judge Roose veit.

Wall one or both Of whom we're abseDs.
supreme csurt-specinl Terns.
/ Important decisions by lion Judge Roosc veit
! TlE CRYSTAL PALACE.
Jwcf te industry IF Nations Tho plantiF onc OF
The exhibitors st The cys, Palace, the Associaon
stru.,ion OF the building = lic SANE not haging hc
says ebeen buist water tigstn His eHeircv work or
ATT THAT is the by wsich The work exhibited wss
hho' be'ng one ~ those pictures m penmauship, OF
the niae Of s5Go-by reasoa of rain beating in and
greauT ssmoged aao be who'll CLOS. ote pianti,' s.
the calm thus pressed the Association demur and in
charged in The alnint-t are not nsihc for
damages resulting f,ou the elernts tfsqueston is
gagensnt pretcn tcd-necessa sy imply a WARMTH y,
The xaibors that their goods sta under no circum
stance. and from cause, sustain any INJURY The
plaintiff seeks 70 Apply to the sthe rigid law COM
mon crrers He ONLY do SO by analogy for no car
riagc lytho defendants, whether common otherwise
riertnken asked for The goods by mutual
unders nnding 70 be stationary. They not to
! be trar ported by thseompany or W anybody =
The de- ,naants ony be liable IL ALL as bailees-
that is forthe want Of ordinary and diligence
appears, ngs built water light But nsbuildng
Especially one of gasswas erected perfect ths
in viocn storm OF hail and rain the elements might
not In Iite OF every precauton, do damage This
the rlath knew and in the abseae of express guaran-
iect to such contingency. ihe complaint must there
fore be dismissed with costs unless the plaintiff pay the
costs Of the dcmurerand amend atwenty days.
NULLI-TN OF OBSERVATION-DISCLOSURES PRIEST.
Sioofs hdne end Grant Iais is action by tho
mohcgtc procure sentence Of nnlity against fraudu
lent marriage of hT minor daughter Tie alleged wife
as wer as tho pAetended husband, is made defendant
Since the service ofthe sumnona the latter il appears
has departed for Europe, ieafog the complaint to be-
taken confessed against him, ana the former ths-
reference, has, without o6cctisn, been examined
witness 10 establish the case a9ninst both Her state
men which is confirmed by otcr witnesses, shows that
in November 1852, after few days acquaintance, Kano
who is wdowa Of fifty yearEof age inc uced her with
another young lady, TO so to ne opera, and aTierwnrb
at saloon in The neghborsSd instead of wafer which
which so far her tren that she could not reco
leet what occagref time aftcrward she foand
hsrself about nadnght nj ss of Father (tsere
is need to mention the nae) There the Padre shs
says har champagne in the OF Kane and
while unden its unauenss, without her consent. after
Dumbng sone Latin Sentences which shs did not
stand 10 tsr asto.isrne1t pronounced them man and
wife Other particulars given by her not necessary
here to repeat EXCEPT Immediately refused and
has ince cohabt with her pretesded hus
band, to any claims on his part in that
or any other character. 1t turthor appears that
| shc wai actealy engaged at tho .aae to another
tho newly petenSsa syer was 70 get o
her heart but Of her nhcriiancevhle the motive Of,
secure sioo yss whole proceeding rejects nothing butt
disgrace uron Ahe ui grown men engaged In it, aud to
allow the p'ss to be successful waa be reproash t
Ukhoenerl thai the marriage, sach it was fulT
within The meaning Of the statute and that .the CON
I therefore be entered
pEvisEEs ANp HEIRS AT LAW.
Maria $. Bogarstus Is. 1cxol A. Parker and obers.-
Tie late General Bogarus, from whom all the parties de-
Statutes but did not c until 1914 after the asw systea
went into operations he giving all his real estate his
widow; he ntendedfsr such the known establish-
ed law at the me--a the real estate hs shen owned.
Gin 1874 and not that which lie should Afterwards
have decided-no documentary disposition havin. been
made in regard 20 itpassed Lrs death not 20 the
widow, but 10 tho children heirs law. In otos words
the widow will take all that was purchased before thu
children, by descent, MI that purchased estcr 1914
The testator in the interval between ol4 and hs deAsh
executed suncgy mortgages wlich he loft unPaj
ing in one instrument both prior and after acquired pro
perty and the question az between the sevisse aaa
heirs, by whom are these mortgages 10 be pads My
cuson Is that these mortgages 10 he apportioned
cordsnS to the vese e iLe respective morgagei prem
ses, when they 10 the deysec end hers and that
the former fs right either in law equity to throw
the whole undue share Of the burthen the latter
Juaement in favor Of the heirs with special
Nescm G. chepmom rs. simecn Draper and Edirard G.
t alleges that he Of ut Draper or lots
10th street and for of SPECIFIC perform
nnce of the contract The four lots in
part Of tract Of about IA by Draper and
previously mortgaged by him for several thorsani dol
iars 10 the other defendants who insist that they have
have been made parties TO the suit The plaintiffs bill
against West and the Society of the New York Hospi.
tai, d:sMissed with costs
RIGnrs OF MARRIED WOMEN.
Cornelius SleigM r Lance Resd and otheys--The ques-
tion in this case, said bis Honor is, whether the jndg
creditor Of The husband sncc the acts OF 1StS and
1s49 entitled to the whole the income Of the
we's property leaving the wiic-for the proposition
gees that lengto s.arve? The marriage in this case
Il is admitted had taken place and. tho debts been in
Cured before the acts for the better protection the
rights OF married women had been passed Both sets Of
engagements contracts, both then sabsistnx
and both had been entered into the faith Of previous
laws As to both therefore it beyond the consttu
to impair their obligation What, then-for thai the
point to be sosed-were the previous rights of crelors
I'd Paige, GIG, II was held that the wfes equity Is
termed was paramount 10 the claims of the Judgment
creditor; and in Com 500 the Court also held that it
could not disposed of by the husband without making
suitable rovsion for her support TO be determined by
tcuar case Tcside during the wifes life, the hus-
lands titlc-ard bis creditors title can be no better
and even eve destroyed By his Misconduct q John q r.
o1s; Haynes 10, "a; . McCard 36s; Monroe, 340
Ps S on ss SUBJECT o surplus FL
tion as court OF equity, which, in such
out a suitable ision for the wife and her chdren
and as the this care small and not more than
Sufficient in the whole, independently of the act Of 4s
add however that there any doubts of The rights
Of the married in this case antecedent 20 the act
Of lS48 that act would remove them Its validity In
spect Of other acquired property cannot be denied The
competency Of the legislature to enact that property
hereafter devised married women should
be their own, exclusive Of their husbands stands
precisely tho footing their power even against
to alter the laws Of descents and tesaments The Law x
prmogcniture a time prevailed even in this rcpubli
tuition Of the present rule did any contend that It
necessary to the rights, rather the preten
eSpctatons Of creditors as TO property which may there
after by possibility to their debtors wives of any
more sacred cbaracterS When the constitution Of the
United States declared that State shall thereafter pass
any laws mpairng the obligation of contract its object
secure not such airy possibilities but substantial
well defined rights resting specific contract legal
obligation Now, property which, when the act Of ~
went into operation. the wife did not then was al
ready not subject to her husbands then debts And
all her property except only far the same might be
LIABLE declared for the future to be her sole
rerty The property in the present case at that time.
not hers, but her fathers IL was liable not for her
husbands but for her fathers debts 1t did not become
hers had any right in law over IT until her .
Tiers death. II IL a maxim that living man has
heirs Her father had right to give his property TO
whom ne pleased and the Legislature had right in the
event Of his rot doing TO say that II should pass alb
soutey 10 his married daughters free from any control
Il NJ fhefr luba No in cnsp