New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-05

ii r.. ,f,ie 9ste nhea to Ecke BOXES ss va: pGr
Ct a.c6 wts tot brought 10 mind.
hntr ,hot date vas fixed, she reuenltsrse vle.t
FctC ses, md that on ttst ngtt che cav g.,
| thee 20 ou, to.,stler.
| Eitee perjury ms. be charged and prorcd aganr,
her. the thr went oct and returned together .hs,
! night.
9 IL Policy OF tb. law row is, to allow persons to
tetthy without regard to interest The counsel for
the clsimant gave notice to contestants the. they
! would cxsm.rc the clamaa. witness.
The Surrogate tat informed them that he held that
the rules OF idcnee prescribed in the Code did not
apply to The Su-rogate'e Court, and that he had q
right in his discretion TO cal! the claimant.
As counsel for the claimant insist that, il there is
apy doubt, in rot only affecting marriage, but
legitimacy where ell prescriptions are in favor and
net against both, that Il is right Of the claimant to
be examined.
a. This could be done by the Surrogate in the pres.
ersc Of counsel and the law as Il now is permitting il
in al! cases in trials in Court of law equity, it
ought not to be forbidden here because this is Court
Of aIeculisr nature.
b. This being an ecclesiastical Court, governed BY
regulations Of its own yet the claimants counsel,
having offered the claimant witness, should have
the benefit Of the offer.
g. The universal rule Of law IT, that all presumpt;ons
in favor Of marriage and legitimacy the claimant
is entitled to these in the present case and particularly
ON this application where the personal estate only is
TO be settled by the decree.
MORE OF MRS. CUNNINGIIAMS TROUBLES.
SECOND DISTRICT CoTRraAusDt 4-Befor' Judge
Hannah Consn as. Emma A. Cunningham otherwise called
Burdel.
The plaintiff was formerly the cook, servant, &C.,
of Mrs. Cunningham and brings this suit to recover
several months pay, amounting in all to $35. The
case was to have been tried to-day but Mr.. Stafford
Mrs. Cunningham's counsel, applied for postpone
ment on the ground that her to the complaint
had not been sworn to by her.
Judge OConnor decided to postpone the matter
until the 2Sth inst.
The following is the plaintiffs
COMPLAINT.
Hannah CoLlan agt. Emma A. Cunningham, other
wise called Burdel
Plaintiff complaining respectfully shows unto this
Court:
year 1885, and during the months of September Octo.
Der, November and December, in the same year, and
the month of January, 1857, for period Of five
months and about week. defendant hired and EN-.
ployed plaintiff, and plaintiff performed services and
labor for defendant domestic, servant and cook at
the house No. 81 Bond street. in the City Of NewYork
at the wages and sum of 81 per month, which wages
and sum per month said services and labor of plain
tiff were well worth; and defendant promised and
agreed, but has wholly failed and neglected to pay,
with the exception of e 25 leaving due and unpaid to
plaintiff the sum Of $34 So with interest thereon from
the first day of February, 1857.
The plaintiff, further complaining says that on the
first day Of January, 1851, che received present Of
one dollar, as New Years gift, which sum defendant
took from plaintiff under pretense Of keeping it for
her, and has paid the came TO plaintiff, though
often requested so to do.
Wherefore plaintiff demands judgment against de-
PENDANT for the Of s35 80 with interest $ 80
thereof from the first day Of February 1857 together
with the costs Of this action.
her
HANNAH X CONLAN,
WILLIAM II. GREEN. Attorney for Plaintiff
No. 20 Nassau street.
The answer Of Mrs. CUNNINGHAM was not produced.