New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-05-23

rents but TO protect the defendant 1t further
tended that those executions had become Dormant Inc
GOOD faith and the executions were liens IN the order OF
% Court decided that the executions became dormant
under the instructions given TO the Sheriff. and void as
against the thereafter issued IN the suit OF A. l.
For the notion H. H. Rice opposing. ]. G. Beebe and
John VI. Harrington
In fine Supreme Court. Trial Term. yester
day suit was brought by Margaret T. Boniface against
Peter Rulyea damages under the law Of negligence
The defendant IL shown was an undertaken and fur
nshed carriages TO convey the to the funeral
of the plaintiffs grandfather Upon the return from
Greenwood the driver OF the carriage in which the PLAIN
TIFF sat dsmounted from his seat and left the carriage to
go into drinking saOOn while he was thus absent tne
horses took fright and ran away and the plaintiff jumped
thrown from the carriage Her clothes oecomnSS
caught the step she was dragged some distance ana
sustained certain injuries For these injuries, thus re-
ceived she sues to recover damages The argument OF
the defendant that he was not the owner OF the car
rage and the driver not his servant and further
that the accident partly caused by the eontrbutay
negligence OF the plaintiff herself The jury found YER
dict for the plaintiff, with s4OO damages
Harrison Thompson, appellant from the Cir
emit Court for the Southern District OF Ohio TO the United
states Supreme Court the Central Ohio Railroad Com
many and the steubenville and Indiana Railroad Com
follows: The said Railroad Companies had agreed 70
Der OF horses and mules for which service they were 10
te contract the Companies drew on Thompson FOR the
amount due them and on his neglectng refusing to
honor their drafts they instituted suit against MN ~
This u suit was merely an ordinary action at
law, the petition simply stating tho original In
drafts and the fact Of their having protested in con
sequence OF nonpayment- Win pIuyl Ia
Judgment against defendant for principal interest auu
costs Thompson. however being a native Of Kentucky,
removed the TO the Circuit Court where by permls
sion of the Court bill IN equity substituted for the
petition previously filed in the state Court. ana TINS
transformed the matter into Chancery WRIT which az
on t3e part Of thompson from said Judgment the Unit
ed States Supreme Court-the opinion OF whch was ue
vered by Mr. Justice Davis. who holding tnaI nothing
absence
not existing in the present iDstanse coud nave
cree OF the Circuit Court should be reversed and inc
remanded, with instructions 70 said o3urt 10 u
miss the bill Of original plaintiffs without prejudice
In the Special Term Of the Superior Court,
yesterday before Judge McCunn, motion was male III
the suit entitled AdOlph Bernstein against Louisa Bern
STEM on the part OF the deiendant TO reopen ~
sets forth that tho aiant Louisa Bernstein about TWO
years ago married the ph AHORm sf tbn he lad
induced her to invest the proceeds OF that business III
buying furniture, &c that they had one emu uuIinH
their union; that her husband who is leader OF We'll
known German band, and in good circumstances, had
offered TO furnish her with evidence suhcent i9r he 10
procure divorce upon tho ground OIL adutey Dut VIZ.
she had declined 10 so proceed on account OF ther ch
that they then agreed to Obtain an Ihdana ao
that she understood such divorce had Deen oDtained
that they subsequently found that that divorce was
worthless and that , sGe had refused iTf bG 10 S SD
been brought in the Superior Court, and she
had appeared ana contesleu ~ tat on tal thl n 1
mony and had consented to reference contrary TO her
Instructions that she had however charge TO
make against the attorney the fact being that no was
too busy TO attend properly TO her participating bust
that the chief evidence against her her trial was
from Horatio H. Wldey, man who adyerses under the
OF widely Co, TO furnish evidence In divorce
cases. that she unable 20 procure her evidence
at that time but had since come into possesonof facts
cOncusvey showing various adulteres on his part with
names and dates; and that decree OF divorce not
regularly given. Judgment to that effect having simply
been entered on the report OF the referee with the inter
venton OF the court which was contrary TO rules
statements in general and states that the matter was
ment arrived at which had been sustained by the court
The case of Caldwell against the New jersey
Steamboat Company, already noticed In our columns
was resumed Yesterday several boiler makers were
the explosion OF the boiler Of the ST. John, but differed
from each other and from the previous witnesses except
that nearly all agreed that the accident arose directly
indirectly from the unequal heating OF different parts OF
the boiler. The Chief Engineer OF the boat testified that
he had been In the employ OF the Peoples ne
that he had repeatedly examined the boiler while II
being e S and deemed r very good ,S boiler
ploson all boilers leaked little that II was licensed TO
carry IS pounds and had occasionally been run up to that
course under such pressure the valve was blowing OIL
as always free reer in It's action than the statutory
locked valves which they compelled 10 carry
that the night in question: before he went TO bed at
about o. IN, the steam had been between q and
80 pounds-not exceeding the latter-and Ps they
had plenty OF time, IL being Sunday. he had
instructed his assistant to keep the steam about the Same
a having e that he thosS the p had
by the Cleaning Of the fires H. and thus cooling the eT
poded boiler while the other boiler was pouring hot
ste In from the other he testified that IL the rule
to clean the fires OF but one boiler at tme that to clean
both would bring the boat nearly 10 standstl
they had since added three stays 10 the boiler at tho
point which had xploded that iron bulk around
the boiler might be protection 20 the passengers but lie
had never such thing on any Steamboat. The
boilers were examined daily and every Sunday thor
oughly. After emptying the boilers they usually gave
half an hour cool before the cold water poured n
which was through thIee-nch valve pouring on the
connection pipe directly The assistant engineer testified
10 tho small pressure OF steam Immediately preceding the
explosion The not concluded yesterday.