The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-27

But when hs Ass information on which he - rned =
belief he cannot that form Of m drh case
he may ADMIT deny on nformatlon and bell T. Motion
granted 70 strike out TO esloPpel, I'm sfsna
ant amends the same within twenty days. 90 - 70 abide
event.
that did comply with the terms OF the pa .rershp
by paying in the moneys as agreed TO therefor o se1
mp off 10 such failure that the plaintiff did not
comply his part with the spuations or the ns-tr"-
ship Taking for granted that beth parties slego the
truth and that bosh have violated the articles Of copart
bi there is sufficient ground for continuing this In
jun on Independent OF other reasons which appeared IN
she rsperr Considering the feelings of the psrue. 70
other there hope of the continuance OF the
fru anicaby probably Hepd Hneitherpary has
complied with the terms, the partnership should Dc os
s1yed Motion to dissolve injunction denied, aud fefe
renee ordered 10 James Maurice, Esq., 70 appoint re-
ceiver ara take the proper secorlty
B,osaw ara c s s. I'm art c,s and sets M
Mt 10 receive GO cents on the dollar In pay
meDt Ho then says that he has always been really aud
tins tbe said co cents on the dollar fbere be
WY he should not comply with tnat Offer II af.er
men, the plaintf succeeas ana does NOT renew me
that be Que tue Plaintiffs and the statute OF
1858 requires il to be paid Motion granted.
Judge Rcesevels opinion gwen was afterwards tried
before and Judgment ordered for the plaintiff on the
groupd the contained defence. That case
therefore furnishes warrant for this Notion
for Judgment granted
Wiiksn and Denton Us Moore and Wye.--No
GOOD reason shown the papers for the discovery
rousnt. AE the assignee sss,gnor both plain
tirs cne may recover without tho other. II the
signrrelt Improperly executed, would not
dfp,ve d uou Of the right 10 recover, and does no.
s, ct tie merits OF the controversy. vs. not suiiciens
for psrt to say that ne thinks dscovery necessary
he SHOW bow and why is necessary, or hs rs not
entitled 70 have the motion granted NOTION denied
Mason u.s. Burke ard ofhers-Some OF the objections
MADE by the purchaser not without force unless they
be asweIed he shoud he dscb from the pur
chase Ert fbe torm the certificate OF proof 70 the
the grsrr acknowledged the deed in his presence, and
hs became subscribing vitpees He should nave adoed
that be present al The execution OF the deed The
certjhcsSe IN Newman sgairss Wells, az Wend i4o was
the The Juece toe opinion that such
certificate de ecrve. In Hoieneack vs. Fleming q.
present the eucmsnt Of execution bo Is called In By
the pars Immediately aitervord and is told is their
deed ana requested 10 sign ~ witness is enough"
But from both IL is clear and there can be no
dOnt a the correctness OF the rule, that theWtness
become the subscribing witres before the
ttat nigh. be inferred from the date of the deed by the
osrkcsic beng tie ID The objection TO the notice
@. lis pendent DO obyisted by amendment Sd. The
Oss " the admission Of esrvice on Clark obvased
by Affidavit OF the gepupeness or the signature and
tho sIiasvi, be fled nanc pro tame 4th rne objsc
ton 60 the Of kr Nsson sut ohers Unavai'tug
II they hsd interest in tha property aud toeir
can DO stiken ont. The dth objectons will be
~ered by delivery OF possession BY Lynch eth The
objection the OF the mortgage 10 Mason IL
valid and without release from the parties 10 whom
belonged nation Of the assessyoert " him, the
should net be He'd 70 tako the property
sb The sxes and due sbould be paid by she
referee out tie purchase nooev the Judgment does
provide for that such provision be obtained by
amendment This motion shoud bo granted unless with
twerty days the objections ssovo referred 10 valid
removed in TIE ~ay suggested