The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-09
Supreme Court-General Term.


JNO. WRITER'S, Assistant Adjutant General.
Supreme C0urt-General Term.
Before Hon. Judges Davies, Clarke and Sutherland
MARCH 6-rhe Court rendered q large number Of DO
csons this morning
Robt W. Iowber vs. Caleb Wells ct al--Order appealed
from affirmed with costs for given bv the Judge
at special term.
Jonas oonkn ct al VS. Jas. R. Gandro impl'd.-order
OF special term affirmed with costs
Chas Benton ct al vs. G. L. walker-Appeal dsmisssd
with costs
Amos G. Watson, ex'r, vs. Jas Campbell Of al.-Court
holds that appeal from special term TO general term no
security Is required unless the party appealing desires
George Carpenter the New York and New Haven
Railroad Company, Mary Ann B!achford vs.. the same
We all agree that the orders appealed from should be a
special We also hold that the construction OF
sections 226 and 226 of the code that when the defend
ant alone his to dss olive injunction,
the plaintiff read affidavit in opposition TO the mo-
ton but if the defendant uses aidavits to move for
dissolution Of the Injunction with or without bis answer
counter aHidavis.
John T smith vs.. George NJ Griggs ct a--Order ap-
pealed from affidavit hearing, with costs. Held
judgment regular where plaintiff by his complaint
for money and alleges that received in dduciary
capacity Judgment being given for the defendant the
sarah +. Clayton VS. Ann Yarrington.-0rder affirmed,
willis Churchill vs.. Spencer S. Benedist-Held, that
the fees earned by the defendant Of the Harbor
Masters could not be reached by the plaintiff on supple
with costs.
john warwick w. The Mayor &C., e. al-Reserved for
Leonard Carl w. John D. Sost ct al-Moton for new
trial denied. There evidence to some extent to sus
tain the verdict Judgments Of special term affirmed with
COSTS
Chas. s. Lopez ct al Leonard Brown ct al.-Judg-
uent of special term reversed costa to abide the event.
and new trial ordered.
Frederick h Steif vs. Ann Bouger. Judgment affirm.
ed, with costs.
Richard Warren ct al, vsy Alexander Maybin ct al
New trial Cered; to abide the event.
VIM II Fleemap W. Leonard Wells.-Jrdgment for de-
PENDANT On the ground the plaintiff cannot maintain
the action the facts disclosed. the plaintiff had not
the any interest therein as the case disclosed
then IL was wager contract II, on the other hand,
Pomeroy & Co owned the same as the jury found, the
action only be maintained By them
John C Ruse Mutual Benefit Life Insurance Com
pany.-Judgment for plaintiff the ground tina! the
conduct OF defendants by the issuing the pro'pectu,
estopped them from alleging thai the premium was moi
paia the day it due Buckbee VS.. United States
Insurance Trus. Company. Is Barb. GAL.
Louis II. Meyer VS. City OF Louisville Judgment Tor
defendants reversed and judgment for plaintiff for amount
Josiah 5. surtevant John Orser, Sheriff, &c.-Juds.
ment fer plaintiff with costs.
Isaac o. Kendall Robert Pollock etal-Judgment
of specia! term affirmed with costs There no con-
| tract between the parties.
VIM NJ Abbot VS.. Jas Acknowledgment for defend
ant in gument.
Maria A. Bouati VS. Charles Welsh, executor, &c-Judg.
nent OF special term affirmed with costs
Francis A. Palmer assignee vs., Luther Sisson same
vs. Joseph Embree Same vs.. Charles j. Townsend
Same vs. Jsmes Ewug Same VS.. Chsuncy Graves same
Ii. ii.
Court decides that orders changing place Of trial are not
appeasbe this is understood TO be the settled rule OF
this court Motion granted, with costs, to dismiss the
appeal.
Michael Byron vs. the New York State Telegraph Com
| pauy .-Judsment affirmed, with costs
John C. Brown Henry W. Hewett Same vs. same
Order OF special term modified so taat the Judgment en-
tered be aside without costs to either party No costs
Lewis o. wilson ct al vs. Peter o. Britton-Order of
special term appealed FROM reversed with costs, and
attachment vacated.
Emely Harrison VS.. American Fertalizirg Company
Order reversed, without costs to either party.
IN re Joseph Beuf, deceased Motion to dismiss an
appeal from order of the Surrogate cabao be made
pdTte q Paige 4l9) order dismssing appeal vacated
without costs 10 either party.
Augustus Roka ct al David Mitchell, &c'-Order ap
pesled from vacated, and injunction dissolved
Alvah Plaisde VS.. Henry J RAY mond-0rder appealed
rom med viii Costs for the reasons given by Justice
Br6seye.
Chas Spear samue, B. Morse-order affirmed, with
costa on hearing.
Mitchell the same-orders appealed from affidavit,
with costs.
till iudem ut OF general term costs 70 be taxed as liked
! By the Law then IN force.
The People rel o. Jas. McCune Board q Police.
Judgment for p,ant.if on mandamus.
Alonzo AlvOrd aud wife Sophia Beach.-Orter OF
special term afr med W tn costs.
! VIM. G. Hedges Jacob 5. Atwood ct ai-Order ap-
pealed from reversed hearing and order of arrest
vacated.
Fredk A Peterson VS. Christian f. Diekel-order ap.
pealed from, affirmed with costs.
Martin B. Meibury vs.. the New York and Erie Rail-
road Compsny.-JudgDent OF special term affirmed with
costs
The People ex rel Rober, H. ELLIS vs. Azariah Flagg
Judgment Of Special Term, denying motion for mandA-
mus, affirmed with costa.
John Hays Henry A. Bevoe.-ro.on for new trial
Denied with costs.
Chas A. xorford Va. Fsrnsrs Bank o, Sarstoga-Judg.
meet OF special term affirmed with costs.
Edward Broderick ct a.. vs. Atisha Smith.-Judgment
| o. special term ainrme1 with costs.
Laura Webb VI. Gee. Noyd-Ju5ymeut affirmed with
I costs.
John n. Dykers VS. Thos. J. rownseaa-Motion for
tia denied with costs.
Vim. Wood Cbas. G. Iandol.-Judgment reversed,
aac Judgment for defendant Ianfon with costa.
, John p. Beekna1 vs.. TIL People, &c.-Reserved FOR
I further confederation.
Gceen, painun IN error, The People, defendants In
errorJufement revctrod and new trial ordered There
In both portions the charge excepted 10.
| Orrn Terry vs Tie Mayor, 6c--AppCa from an order
denying Injunction 20 restrain the Corporation from trans
fcf-ng TO and the Romla Catholic Orphan Asylum from
receiving grant Of land. Judgment Of special term al
( lr-Ded WITH coats