The New York herald., 1877-10-28
THE COURTS.
Legal Perplexities Arising Out Of
the New Code.
MARRYING A HOUSEKEEPER.
Penalty Of Not Holding Court Receiver
in Proper Estimation.

Tho suit OF Sarah Lyons against Magdaiena Murat
ana Albert J. Mura the details OF which have borcto-
fore appeared in the HERALD. came up before Judge
Donohue IN Supreme Court. Chambers, yesterday. IN
another form, but ono OF interest, as u revealed
question regularity practice under tho new civil
codo OF procedure passed by tho Legislature last WIN
ter, and under which, when tho Cour, orders costs
against party all his proceedings stayed until
thc costs paid. on the Goth inst +. s. Hahn, at.
torney Tor the plaintiff served reply In each case 10
matter contained the defendants answers In
this action. The vcrilcation to The reply was
mndc by the plaintiffs attorney, and not oy
hor in person. The rcplos were returned BY
George f. Langbcin, tho attorney tor tho Defendants
with the indorsomeni :-"Thc within alleged reply 10
hereby returned as an unverincd pleading. Il docs
not conform Its vertidcaton 10 section go OF tho
Now York Code OF civil Procedure and states no legal
reason why II IS not made oy the party: The
defendant elects pursuant 10 section 52S OF The New
nullity.n MT. hahn then obtained orucr 20 show
cause from Judge DonoLuo why the defendant should
not accept service OF the reply and con'ended that as
he did not know tho whereabouts OF his client
during the day tho verifcation sufficient and tho
Court should compel tho Mcssrs Lansbcn 10 accept tho
same. J. o. julius Langbcin appeared In opposition
ana stated that the only question was as TO which
party regular In his proceedings; that the plain
t had twenty days in which 10 serve her reply, aud
tnal she was guilty OF laches IN waiting until
tho last day ina, as 'nero was no proof
ins. nu oay n her cosnses remedy was 10 obtain time
Court II no could not mud her; that she had
already been mulc.od IN $50 costs upon TWO former
the ground OF reguarty and $40 COSTS upon another
which tho Court had denied upon tho merits,
that until those $50 COSTS paid her proceed
ings stayed. He cited tho section oil the
code referred TO providing that where costs Of mo-
tion directed by nn ordor 10 be paid not paid
within tho time fixed Tor that purpose by the 0rder
or II no timo s SO hxed, within days after
OF copy OF tho orucr ali proceedings the part OF
the party required to pay them stayed without
further direction OF the Court until tho payment
thereof Mr.. Hahn also moved TO resettlc tho former
orders BY striking out tho $40 costs allowed TO The
defendants IN each OF them. Judge Donohuo denied
NIL tho various motions, with COSTS.
A SEPTUAGENERIAN' THIRD WIFE.
John Bryant, venerable scptuagenarian, he being
Bcventytnree OF ago, has evidently been rather
unfortunate Ill hts matrimonial experiences Having
buried TWO wives, and his grown up children having
abandoned tho paternal nest TO pursue elsewhere
thcr lie duties. no advertised for . house
keopor. In response to this advertisements
man, "fair, lat and iorty"-sho weighing $50
pounds was selected sior tho place and duly
ndeilty with which she discharged her duties, added
10 hcr winning ways captivatcd the old Yontleman's
heart and within three months tho twain
Tied, tho marriage taking place August TO- 1874
his residence IA this CITY According TO his story
change suddenly tho OF their house,
hold He charged his wife with treating him cruel
manner, alleging that OCCASION she snatched
his watch pocket, threw II on the floor
wound up by throwing him down AID threatening his
lie. He Instituted proceedings Tor limited divorce,
but before the came 10 trial brought suit
Tor absolute DIVORCE coupling tho charge OF adultery
with his previous charges She denies all his allega-
tions A motion tor counsel Ice and alnony the
latter suit will come up tomorrow for hearing be-
lore Judge Donohue in Supreme Court, Chambers.
Mr. Leo Schwab represents the plaintiff and Mr. B. f.