New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-04
COURT OF COMMON PLEAs-JvLv s-GssxsAl Tssss--
BEFORE Judges IL GRAHAM. WooDEuFF AMI DkLy.
pKCTSIOk

COURT or COMMON fLEAs-JvLv s-SssssAl Tssss-
Before Judges lsSsAHAA. WOODBURY. AMI DsLv
Dkcisros on APPEAL.
The following arc abstracts OF the opinions in oasss
becided Monday. prepared BY tie Jnsses the ss1's
BY Judge IScR.HAs. y. J.-Partaerstip Debfs.--
Fsrio at w,kste deb OF m-mbx OF the hrm CO.
bot be Get CT against claim das 10 the hrm
7Sme for Dccisi0Rs-LaaJlord dad 7ea1nt-f@-
rvorene-i.-Pe,n ssf OnstssdA Justice DO nj 20 Do
eice within -four days strr t. snt ne mes ees 70 aee
scoa by tensns against sua iOr damages for n.t
addition hor,s for which the 'nsnt was pay an
he Vss i y. D "a sa M az rs s
which wa, 80 Ne psia therefor eOmPls,sL
Len Lac as 70 ErocEfors.-Chrystal and others
.s Fsn.y ,l s.,- sSSsy the Len L.- IA ,Sss .s
tanned agzn unless ne hss devst
the land. whicA tn lien exists 70 the when
cap be acquired sysrsr any subsequent cs
sri,lt unaes a,y ecnrsct with the deceased ownes
Landlord and IeSaHf-Rt pa'rs.-Pettneer sgt.
Lew Where by tAe Of lease, the teoans boand
The airs. stat sDt. made Rss',ee. 70 The ,es.s h.i tbs
an setp 10 recover such repairs don- By III, tsnsaI Bst
where he ndord # sr the lease sde on ne prem
. ,ch were c-ive ard hraf of the tenso 70 bring
an action sssius him ths' the tsnsnt msh 40 the re-
pairs ard he w'S Psy 70. a. on such a. ssr
for rent Lost consequence Of the
Et,1cors. .rkere FIXTURES 10 bEidingS.-Main ayt-
sebxn..Idsr urn.c- affixed with brick work 70 hsssss
which cannot be removed without injury hs.e r. mi h.
Ersn,or and srahiee equally sgPie'es 'oths eAe
morgngor ard mortgage. .n.,, -.
rested and the de fsndsDt has examined witness
Eo eErSr TO refuse non Tor noaso % ,ssa.s ssSsS
by The eendsDt before the Psna had AZ opportunity !" ''es'
An exception TO tn whole charge Of the Court Is not VOL
tsken will not warrant arevvrszl Of the judgment
SUITS b. L0ng SummoHs.-Coit agt Atesmore.-
Where non resident sued By long Ia "a
which the Court has jurisdiction be eaanot on spfe
syai himself of hat guuod otEeersA no cas- ne appears ae
makes the objection in the Coar; below Judge Woodruff d.
srutiI
Tenn sgt TimpsonAn admission by defendant tina: hs
opretOs Of an Express Conaay and aat the
ess Sii.s p ma fscis his liability without aaAls all the Of
m, carrier may be inferred from The terms Of Tho receipt saa
the ade by him, vel a. frsm the stmoay
witt ees An objection 20 the competen Of witness naS
be ia the Court beos II viii not DC noticed ON appeal
OBJECTION 10 Witnesses john Healy at. Dr.
witness Is elected g as the pay ~ a,s s
witness bis po. das or BY e1rs ohst witness g p,oys
whore the up hat the plaintiff not the parry
In interest ami TO be HE any other Tact Ia Toe ca.
Specfal Pr0perty an a HOrse.-llarrison Il Fleet
a,, Snsh.n Apsy having special property horse BY
which be has TO the possession and who nhes ee nes
to another may maintain an action u n oS name .o Jam
Gsm the negligence Of the balee.
b,gkf ~ gTiHg Connfer. SWit-Signot agt. Redding.
paIty having claim sgsnsi another may briog an setcn
therefor although another action pending 81 the same tine
him favor OF his debtor IN which he might SCI gu h~
claim. 49,.
Dischdreiag Jurors Counsel Fees.-Cook agt Rit-
whe Justice after the Jury was sworn per%,s.ea I've
them be discharged Others subs'tued ELMER pay
INTENDS object thereto he should make the objection TO tao
Justice at ,he time or win be considered sning
thereto An attorney right counsel fees esrnsa
by another person. without showing an oJ amsA
al Ger, ndants request payment therefor by him
BY JUDGE NOoDRUFF.-OrHers and CSMTdcsors-
Martin ast Jegset-Where aud contractor en-
Ter INFO covenant for erection of house and the contractor
the work and materials shan be furnished under
and satisfaction OF n architect thereto ma
tu.y uponl be lied By bis certificate, aud n
express CONDITION of the various coveoantot
&c made the that such cehca sh. be posuoe
for each payment such condition 10 lawful condition. sna
the tor bis work with NJ tsse
nch oe6rae was produc or gying sufficient
for Such certificate may be waived ~ the
owner Withheld fraudulent OF BY couusoa wts
tho owner it, production wou be unnecessary.