New-York daily tribune., 1858-07-31

nlsirt set forth were rendered a. he r.aras. .,d
ese ressousby woyta SO, Oh, and demands iade
n.rt for that sum VIII interest floC November 81
1857.
Jr ia 70. alleged IL tie conplsnt tbs. J.nss Rds.
ysy be lifetime, ever krsw. or supoceed after tss
a. HerIsAse ceremony, that the pisinh VS. not n.
Ssx .lS..si Dor ii is alleged that when his hrs.
po-eo uahisss With the plaintiff took plsce tbs. lie
krer hat hs tifs Csthaine was hyIrg and ne uss a
10 q tract legal nha-rsg, with tte rsintf.
No dot bt from the tins of tbs first marriage c.rs
rory &c the irst-fucl 9f the suit for divorces a7d
frcr the time Of bis second marriage ceremony Sa5i
bis death. Jsres Ricgvay and tas pan,if eoth
suppe sed they vere lswfuny marred and thst be
livee and dled supposipg the plaintiff was MS awful
wife.
Now after Lie death, upon the assumption thst his
rp,osed marriage was 10, legal, viii tle sw permit
ne or autiorze 10 turn this supposed relston Of
husband ard wife into the relation OF master ana serv-
att and thus infer or imply promise on the part OF
JAMES Rdgwsy 10 bis life to pay AID an expectation
on IL part of the plaintiff 10 pGy for toe sev-
ices rendered by the plant while standing in tho
supposed relation OF nusbsnd sud wife.
Ihe very grourd upon which the plant Il case sp
peas 60 strongly to the synpsth'es Of the Court for
bids spy such fiction, inferen e or imp cs;ion.
Her own story mo doubt truthfull OF her loug.de-
voted faithful love and services irtc and m1ther
will rot permit us 10 say that she is legally entitled to
receive pay for those services az as a seTrdEt.
True the law viii not presume tina, work or labor
re,o utc ss servant lsborer were vOu itsry, snd
perioru ed without any view to compensation, but the
law cspDot presume that the domestic and household
wo, Ard services of wife for a husbsnd are per-
formed with the view to pay as servant or lsoorer
The law would do Justice to the plalnf herself o.
implying q promise TO ber to pay for these services;
spd respec. for the plaintiff herself as well as tor the
law coppels Us to infer and hold that these services
wers performed not az a servant with view TO psy,
bet from CHAR and holier motives, and thus there
fore her oomplsnt does not constitute any cause OF
tier.
The order Of the Specisl Tenn overruling the de-
muirer mutt be reversed, and the defendant mus
have judgment on the demurrer
In CHAsBERs-Juy 29-Before Judge lsGR,Hsn-DEcIsIoS
Harriet Griffin agt. David Ciriin.-Divorce ordered
and referred to referee to inquire what would be sua
bic aimony for the plaintiff. ..
Strauss a2t. BaEer.-Motion cenieoi P'oi'lu scosls
$40, to abice event.
Warren A. RaLsom sgt. f. jsh III. Cunning hsm et
al-Tbe order made by Judge sutherland cottinuel'
TO costs SLOWED On this motion.
John Wilkes sgt. David NJ. Hughes ct al.-Orde ed
tba, the judgment entered stand as security, without
prejudice TO the right Of defendant to move TO set
aside the report of referee and Judgment for irregular
ity fer any other cause and on hlDg bond TO Sc.
cure the payment of such judgment, all proceedings
thereon to be stayed for thirty dsys to enable defend
ant TO make such motion.
Before Judge SUTHERLAND.
Gilbert f. Everson ACT. X T.. Everson ct al-Or-
der granted for the substitution Of Barker as receiver
of the separate property Of Acams
Cbas. T.. Whitehead agt. Alex. McCotter.-Referred
TO Mr. Hiram F. Hunt.
Paoh Lsthrop agt. James Reed ct a.-Motlon
granted without csts TO either party.
In the matter Of the application Of the Mayo, Ac,
relative to the Central Pa,kOIder granted for pay
III. Mt Of awards to unknown owners.