The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-07

THE FORREST DIVORCE CAsE-MoTfoH foR NEW
TRIAL DErIEp-.-A REFERENCE oRnERED AS TO TIN


ALIMoNY.
Present Hon. Judges Oakley, Duer, Hoffman, slosson
and Woodruff
JrIY 5.-CoHetne ". bmTea r.. Ed'cin Fwres-In
this case the defendant moved for trial excep
iions taken and twenty points submitted to
the General Term before Judges Bosworh and Woodruff
Judge Woodruff this morning rendered an elaborate do
csion, which occupied over one hour IN delivery deny
ing the motion for new trial. bu, directing reference
az to the amount Of alimony-ss 600 per annum-and
aso a. 10 the only point Of appeal the part Of plaintiff
namely to allow her the option - exc either the ali.
n ony or the right Of dowcr Tho Court overrued all
The other exceptions including the taken the
fisa admit the Consuelo letter" when hrsz offered
IN evidence and hc exception taken 70 the admission OF
the letter uf y. w. Forncy.
The following " the order made In ;hc case
- much of tho Judgment herein, from which the
defendant appeals "a determines she amount of ali.
mony be Iad by him to the plants, and the time from
which shall be allowed, is reversed and reference s
ordered to proper person (e b. agreed upon by
the parties selected by the Court upon the settlement
OF The order Of rciercnce to inquire and take proofs a. TO
what would he suitable allowance 70 the plaintiff for
her support having regard 10 the circumstances of the
Tartics respectively and from wnt date The same should
o. such allowance by him upon he defendants real cs
tate Iarts portions thereof or otherwise, would be
reasonable, and 70 report the proofs hy him taken, with
his opinion thereon " this Ceai provided nevertheless,
that II the defendant shall, within ten days, eject IN
writing TO waive any further inquiry touching the
amount Of almony the tine from which II shaIl be
allowed then and IN that event the judgment herein L
IN The PARTICULARS above mentioned affirmed 80 mnch
OF the said Judgment embraced within the appeal
hercfrom taken by the plaintiff i reversed. IN al
things not above specified the Judgment oi tse Special
Term u affirmed an order in due form viii be drawn
up by the plantns counsel and served on the uorney
for The defendant aud settled by o ha judges, u the
counsel do not agree thereon.
DECISIONS
Geo 7. Pollen ct az Thos. q. fc Roy c. al-JGdg-
nent dismissing complaint affirmed
Hiram i. Lrggs ". James Gaunt c. al.--Judgmont
affirmed order 10 be settled by Judge Bosyorth.
Edmund p. II. Gibson VI. the New York and virginia
state stock Innk.-Ncw trial ordered.
George slater Vi. Curtis Jutson Ct al--Juagment at
special Term affirmed. with costs Of appeal.
George H. Bunce Rutgers fire insurance company
Motion denied without costs.
Henry A. Chendcn vs.. The Empire Stone Dressing
Company y.-Judg mcni for the defendant with costs.
Samuel Belborcugh The Metropolis Insurance Com
pany Of New lork-trdcred TO be settled
Henry Suydam e. N. We. Wiana y. Barber Ct al
Judgment at special term, dsI8sssing the complaint,
must be affirmed with costs
William JelHnghause vs. The New York Insurance Com
rany judgment reversed new trial orderedi costs 70
abide event.
Washington r. Nichols vs. Samuel Romane ES.. &c
Motion for trial remaaded, and certain modioa.
tions made in the judgment OF the Court below
John pcndlcton The Ssone Dressing Company -Judg
mcnt affirmed.
Railroad Comrany.-Jadgment affirmed, with costs
Charles Goodyear vs.. Horace N. Day.-Judgmen. Al
special term, overriding dsnsrrer, affirmed.
George W. Costor Ct al W. New York and Eric Rail.
road Company Judgment aalrmed, with costs.
Amos r. Emo vs.. James II. Del vecchio.-Jadgment
affirmed, with costs.
Alfred Peabody et a. Va. Ashael Beach ei al-Judg.
ment affirmed, with costs.
Morz stet,ner vs Granite Insurance Company Jadg.
ment affirmed, with costs
The Court adjourned v the slst Of July inst.