, 1869-07-31
THE COURTS Of LAW AND EQUITY.

Annie GrnsR!e V. Peter GrassIe In this case q
epes Tb a.ef d e0s ae 1e
charges Of cruelty. Tue case now came up on
question Of almony. there being ts51.7s under the
belonging to the parties The Court ordered an
equal livlsfon Of thlR sam In rendering the de-
cree the Court found, from the evidence, that the
defence set up BY respondent WAS uncomfortable;
that the course OF the defendant, irrespective OF
this was inhunan besoud doubt, and that eren
since the proceeding bis course hati been bitterly
wrong. lie found, however, that the defendant ts,
to some extent disabled man, wherefore he made
the decree as reported.
4 BKoEEE LEG. ......
William Btz V. Gerhard Kuhncn. THIS Was gu
action OF case TO recover for pertonal injuries
alleged TO hare been received bE reason Of cure
lessncss Of defendant. Painta's leg waa frac-
turcd. The cause WRs originally brought IN the
superior Court, where verdict waa rendered for
tGtN. A new trial was gTnated By Judge Gary,
Kho held that t1eIG WAS no ground Of ACTION.
That proceeding TaE dismissed and q fresh
action brought ~ this court upon which the YER
the doctrine Of the Supreme Court, OF comparative
negligence. This Cont now thnnght The damages
exeess1yc, aad eaye @ 70 plalntln the election to
take Judgment 1or x6oo Or 70 submit to new trial.
Robert Aatteson '. Lavinia Upham ct nj. Decree
confirming sale Of south % Ieet Of Lots % q, aud
AZ, Block 3, HambIeton's Subdivision Of Lot g.
Circuit Cont partition Of northwest quarter Sec
ton :, 50, II, The sale was 10 complainant for
te,c3o.14 .
Mathew Lanlp ': Lake Shore 1saslroad Company
Ct ais, Qncudlng the csy>. This Is nlll 10 eojot
the defendants from acn9 in relation TO tbs lake
is6a. Il cnme m on d motion Of the
civ Tno uies cross-bil1 foS m in
trHct1on the rtfv rendering In cn,1rt ou1t.c,sfu
nrcd nf ihc nronerty in routroyersy and tha
sano cOO tofore deposted ana asting that m.
co.deIehdants be required to deposit 5000, 900 BAL
Tns tnnncitDn "a ~ n1errnt the i,eein.att,n m
the paft Of the tailroad companies Of forfeiture
o W ~ ,na a1 ~ ~ 4a,tin- .nt InrerIn1 ,ha
ua1 ~ " cnniorm,tT iii The 1aw unt, the se, ts
nassed mon b. Tie Court. -
and bJ coyydon Beckwith. ESD. for
the city. Mr. Walker stated that
land pending Tie litigation instituted; wherefore
nn n,.snnIeI thst the ron1nlaJnaut seeta m avail
inrnsatne bond OF indemnity b1 piacinv the , civ
IN m anomalous nosit,ou. Ths CITY. however ~
contcnded, has noi and never had, i: city. auy
tainf.i that tncre is not, under the act con1.
n1nined of uny provision ior forfeiture. II
| ihe city executes its deed SUN certain oecomes
due apa PAYABLE II Otherwise, then no tutlehted-
world exist therefore It Is that the execution
Of the deed being stayed even by the action Of the
Court, the slty loses its ela'zl IN shs premises.
tbs 1s SUIT by 1a11h. ana u, As 10 nlfn. the act
would he avoldtA the cit5 would not be sisEaalaed,
but would hnve received ssraoo', not hartng
not having existed It wns also claimed TINT, as
the deed and money bad not tn tact been de-
| rosIted, tho city WAs not entitled 10 Its order,
| ME BecEwtttl remarked that the usual course
| had been taken. There Was the o1er 70 execute
the deed and 10 deposit 1t and the money ia court
as condition precedent TO the issuing uf the VIII
| As to the CITY, II was made party defendant in
! the original bill, and In tho bill It Is claimed thar
there Was dedication by The United States Of the
land TO The pubnc, bui that there was 40 aonatl on
| to the Stale; wherefore. a9 6nCn. the State had
| never pccuniary interest in It. The cnutrol or
the proper came 70 the city, aa trustee TILE other
n nroncItV M nne NJ tne nub'tc and a. nn trais
act oi The state being cootes:e,I as 10 ia
validity. the city 4 made party. II
li;!ca,!pu it sreks 10 jcopar.lze nonc Of Its rights:
wherefore it lenders 10 submit tta acta 10 the
coErt. Having received control OF the properly
interests would be derellct Of !ts duty did ii not
come into eouri 10 ascertain is duty when tn ex-
ecEton Of the 1ct required Of II l. brought into
court With iaputaton Of inyalldl.y. Counsel srg-
gcsted 1Eat the co1npanlcs werc not entitled 70 a
fnrs,,r-c bsesuse th,t WnSrs m Art was n,nds
- 1ms -. - 49, .n.te,nnnca ~ .rothar ~,
~ uelNuu upou ti!e lNtlo.uauss ~ ~, W. -
hno Nhere ne oo'i1a.ion ~ .e ~ whasu
u sonEn sn.ta,t - oe'Ao's ~ W 49, eAs'' '"et
W. nas ,,,-,ts ~ ,,,o,,,, =,
ttn1 az W. 1t = cnnrnrnin ~ ~ ;sy,, ~ NV - w
fau .nd sTe11e,, ;i,nt wMr1e az tr,st Eas c>es,sn -
n ihc annnrance uf tnc t7,str., n nrot
thr 111R,t IF m: narfY frnrnr1ti1r in,rrcs,1 N
h tne tr1,1 - @ ~" ihe ~. i. n1n,r.e i cn,9 -
IN nerfornanrc nf 4 lccitimatr ,{nfr
| u.s., r. r,t !ns 80 -, ~ =, Sos,hHaas, r.,rri,
1oIn &. ssaeA e. ~ .Nod.awes1cln relliiH, ~,
lrs company q A!A. luluuc1ioa k1aaten uro1 pli!
10 restrain the deIend1hts from fecelSllR AMI
shipping otal. dead animals mud matter. dntaJetl
aud offensive. such as horses dog cats cattle'
nhu othei putEas!y. ~ OF 10 n acpo1 On tae sonsn