New-York daily tribune., 1858-11-13
COrRT OF APPEALS.

NOTES or DECISIONS RssDERED AT THE LAST TERN.
Packer sst The Rochester and Syracuse Railroad Co.
The owner of an island bounded by river and
brch thereof agreed with The Of min. supplied With
racr through The isand substiiutsd therefor.
Hsd That the absence Of pIoyon 70 that eject h:
place u one which Lad existed Ia the natural ch,nneL A.
proprietor Of adjoining land upon which the Of the
thereby discharged TO Pfosc, himself close the waste
whether the purchaser Of mogszrd peui,e sale upo:
foreclosure Is p pr,y win tho - ,s. 4 % % e@ISs
persons parties To the foreclosure whether
he holds by title the estate held By the aoftsm
The sarsrsi.of of Rensselaer, County sst Bates
Msey ssaS.y III. he. Sq.so % =.
i: passed .hgo any s oa SS re- 1
H. iIs so.g Of qsS o .S sS sssS q S' asss
But where sssnt exceeded the power thus confer sad
lager suoant than authorized and embeled such excess
no. Liable eIsOr 10 ,T county 'noss ,s .s:
. the borrowed from them without authority A..
suhoy Of the agent was exhausted the sar~'or could
not by epsyiEs the which had never coe 70 .he
use o county and for which was 40, hses -ttend ns
OF the suet answ e Tor the sums ~Hn nc 'h"1
borrow under their authority c......
person claiming title to vacant lot IN the CITY ~
New s which he had ras sas '. M ', With sery
Of se1n upon land Held sufficient disfc''n 20 support
fu- thou al built under the sdSiee o COUNSEL
HUI sst Cspley eNeeHtt1, &c.
sheriff is not liable TO the morgngee o. chatteD
si,tout recogn1ng III. interest of the mofsses
where the nosssor entitled to The possession of the hat
Wl,,r h. sheriff . sble the morssses for
iii DAMAGES nay be sustained by him from the dspsrsos
/ of the chsiiss among different Puf. ha.en, q1e'e
Smith sg. Brady. -
When, in q contract for the erection Oh ooitdng
upo the Of smother Performance 10 10 precece paynrnt
aud the CONDITION thereof the oaide hs,ns
aud stsas notshs;andins the owner has chosen !" "ouO
mers occupation Of budpr srsh is no. waiver
Of s,rio. bn, the question oil waiver rs or
ntrL,on cepsndng ali the cireon''Anes ' WINCH oee@
6aryi entitled 70 re,sn without compensation, the ser-
fits Of partial performance where rom 'ns ns'us " IN
and TO- by the contract. under no oehsa,i'n :" psy
---- ~ r9''S SIR AZ Buruham.
TIE s.s,n. fchnn go Of lsi0l relating to the dock
iss,o.p, by .cript directory An error 40 tho
..eurr, of dn.- amount kc which would De stnoua.o ~
~ - .ch iudsn-t against P.i.ops who have no ecoS
ar,nsily uli..rd aud prrjadiced thereby
e. brs n rr,pec. the proceeds u sale under Surro-
o-ssr Of real estate subject 20 The lien Of Indictment.
~. I e rendition whereof was erroneoosy ssaed IN Tho
transcript
norpr OF GENERAL sEssIONS-Nov. il--BsSofs judge
RUSSELL.
! Thomas de- Nevies jointly indicted with Fernanoo
Lopr charge Of stealing watch and oihs, properly
:, ,50 from Of the town, In hooss IN nrtcss
..re. September a. tried aid acquitted nee eenf
really 10 eyenee sssinst him Lopez VIA tined aas e"osSee
| op the charge iast Term. ,., -
Js@rs Wash va. .risd bsrsa 10 the Third deatss "a
coLyted Of eil. larceny SeLteaee1 :" 'sI months " s"s
convicted Of bSsy oD s RtsTr..s :.
Jane. mSis.n IN risss ,sG.sa.s .1ss % VS. ae,r.a
I.ssc L. Tsyos lawyer re!sd 70, =. s.'saE r sns fsy
on J.mts Tr.pSss-9 L' Sotls..S,."' 's'ns
Ns.,in He1,y ard wn Moray convicted o' s ''A
were .es. % ths s,sss Prison FOX .~o y'Na