The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-22
supreme Oourt-Gsnersl Terra.

supreme Oourt-Genersl Terra
TIE DISPUTED yuDGEsHrP STILL uNesrTLms
FEB I.-t win be rscollsotsd that on ThnSsdsy 10
18th inst the Court was, BY judicial coup d'Sta sud-
denly snd unexpectedly adjourned for . week. his
morning the Court dsnssy crowded BY persons vho
were anxious to see the dispute between Mssss. Pa
body ard Davies vas hke'y TO be adjusted but Ay were
doomed TO dissppontr emit uncertainty Judes Devices
took his seat minutes before eleven ococh, and
was shortly followed BY Judges Roosevelt ezhs ana Pea
No snusion was made 70 the disputed judgsaAip, ana
Judge Roosevelt prooeeded to read dseons oass
which argued at general teru 1T which the Ato
Judge Morris presided, with other jusioss. There h
written consent BY the parties that the cases sAaR b
decided BY tbs surviving Judges. fs
DECISION OF CAUSES ARGUED At P0RNR yzzx9
Counsel give their consent TO the entry Of iunsA
argued before and decided by justices Mitchell,
Roosevelt and Clarke The causes were argued bstsss
Judges Mitchell Roosevelt and Norris
Bridges Hyaa.-Report TO be affirmed without cost
ofsppeal plaintiff consents to deduct $685. otherwise
not easarly against the weight of evidence builder
70 psy 30 day for every days delay beyond
the burhen Of proof on the owner chow that
INC 1ors Vas really guilty of negligence in not eonpss-
Livtngom Banla erecutor covenant n titls.
psing y two tenants In common, one Of whnm =
snes dead the action may be against the enseutoes and
Aat: e. Ms.ssy, DC szscutors-Form Of judgment y
30 modified without costs Of appeal to either party. II
executors ON Judgment sgsisst their tsstates, tn
judgment matter what the answer Of the dsfodsoto
for the debt but is 70 q Os s &c
cebt b levied on the property the testor in their
Tor the s may be sgsinst them personally or ssans
their estate, - the Court may direct.
With costs An action cannot be- sustained ss.ns ss
tce Of the peace merely because he has omitted TO return
ceroyaT of the evidence taken before hi when
there Is proof malice the part OF the justice or
injury to the plaintiff that the brought
to hearing on the ceiora'i, or that the omission
material to the plaintiff q success.
Murphy u. Logan-Report Of referee affirmed without
costs Of appeal.
CAUSES HEARD BEFORE JUDGES MITCHELL, CLmKr
AND COwLEs.
Gesherd US. Wole.-Judgment to be reduced to s4oo,
with cost below, but costs appeal II plaintiff do
not CONSENT trial 10 be granted without costs to
either party
Tho other which were argued before Justice
Norris and in which there IL consent that they be
ecidtd by the other two Justices will be re-aygued.
The following are decisions in argued this
Harper u.s. The Mutual Insurance Obmpdnv of ABanu-s
Judgment for plaintiff the verdict Of the jury fhs
defendants having insured against the hasards Of the
printing business, and 1t being established by the ev-
dence that the use Of samphene ia necessary and
binary material used in the Of printing they
have occasicned the loss. $500
Thompson Is. The Eagle Life and Heath Insurance
the Jury In the absence Of all fraud and some interest
being shown-psmely that Ola creditor in the M Of his
debtor-the smoune for which the premium Was demand
ed and paid must be deemed the value of the interest Of
the insured ~ 6xed by mutual agreement. Such pol
ees Of insurance Of dangerous tendency Jet the
law seems to sanction them.
Thompson, Is. The Eighth Avenue BaNk-Judgmsnt
affirmed with costs The original Of action against
the bank their protested circulating WAS not
destroyed but only diminished by the acceptance Of
partial dividend from the Bank Department. ~ to the
rot been paid Tbs legal consequence is that they
complaint
.Qsaokenoash acknowledgement for plaintiff affirm.
ed with costs.
Sears B1mham-Dserss Of the Surrogate affirmed
with COSTS
,JeuM Russell Judgment Of special term aiarmsd
With costs.
Pazon us. The Eagle Life and Health insurance Ob~p~-
nyudgment for the plaintiff the verdict Of the Jury,
affirmed with costs. This Ia similar TO that OF Ihomps
son against the same Defendants.
Jucge Roosevelt asked counsel they were ready IN
tie caee Of Carroll against CArroll-Win case.
Mr. Kirkland replied that it would DO either argued
submitted this term
M busted said that IN the case 81 Ihos Carn depu-
y Sheriff he had received letter from he Attorney
General saying that he would argue the the part
CT the people, ard for the accommodation Of that
gentleman, set down for THURSDAY Dext
be Judge here next Monday from another district,
when feveral railroad cases would be heard.
The Corporation Counsel said he had received letter
rom Judge Deno in relation to Judge Bacon coming on;
Judge Bacon can only main here . day or two.
Notions were then proceeded with.
Mr. Ssnxey In proceeding to reply for the respondent
in one case asked the Court the matter y 10
Judge Roosevelt said II counses option Whether
he would proceed or net.
Mr.. ean1ey anxious to know because In the event
Of division amongst the Court there might not b
Judge RoOsevsit-You had better proceed. You wm
have three Judges, at al events 10 dispose Of Il.
The ease was then proceeded with.