The New York herald., 1878-03-09

partners squally liable with the nominal partner,
aud iurtler. that partnerships may exist IN
may agree that title may be taken and tho business
done altogether 10 the name OF ono OF the partners,
and tucn arrangement Is made one legal re-
suit thatshe name OF the partner used becomes pro
hac the partnership name OF tho drm. and all tho
members Of the hrm may be bound by acts done by
him In sucl aud within the scope OF his author
ity, upon he same principle aud TO the same extent
% The a;veral partners whose names do not ap-
pear In the drm name IN ordinary partnership. and
ior acts dole by one oil the partners IN the nrm
name.
In April last George W. Smith, on complaint OF the
Commissiop,rs OF Charities was arrested on acnaree
OF abanaoni,a his wife and children. He was con-
vcted OF bcig disordery person and directed pay
was taken ,olho Special Sessions, wuch affirmed inc
order OF the committing magistrate writ OF
certorari WA Thea saed out on behalf OF Smith and
thus the casecame up for review peiorc ths Court.
The defence et up was alleged decree OF divorce
obtained in Uoh Tho evidence showed that Smith
lei, his family in September, 1876, who then resided
In Brooklyn hng mis- wife that he was gong to Cin-
cinnat, as agQt Tor sewing machine company ana
that the hrst he knew Of the divorce was
the receipt Z copy OF the decree of divorce.
Tne Court hdds that the decree was irauduently ob-
tained, and drms the order OF the Special Term.
An interesting decision was written In the appeal
tax SUI brought by Isabella b. Noe against her
husband, VILLAIN +. Noe, the appeal being from an
order al Spcchl Term vacating temporary inJunc-
ton enjoin defendant IRON selling real estate
belonging 10 the plaintiH and defendant Judge
DAVIS introdues his opinion by stating that when the
separation OF wife from husband Is caused ny no
inudeiity, cru\ty or IN treatment his pari, that
the rules OF ePty will not allow her any AID what
Ia comlshing TWO purposes subversive to the
true policy ofhatrmonial law. He then reviews the
showing show tbs When ' the lie parties to the sui
separated ~ Paris they did SO ON very
amicab.o term He then suggests the mothcr'ih-iaw
as the apparel besetting bane oil tho household as
will DC seen rom tho following conclusion oil his
opnion:-'Its not difficult 10 sec from tho papers
before thatt was produced by hostile aud inJuri-
Gus influences. In note which the piaintu wrote 10
the dcfendant father she says:-'l have nothing 10
do with any oimy property, as have gwen all into
Tor she wants Il statements anu papers IN ner own
hands This statement furnishes the key that seems
10 unlock the lystery OF the trouble between this
husband anu vie, and II certainly docs not seem 10
sanction or sui port OF The Court The order OF. the
Court below shld be affirmed"
Still another Interesting decision that gwen In
tho suit brough by sally Jenkins against Louis Leu
buscher. The liaintn Is married woman, and
brought tho aclon 10 recover the valne oil her prop
erty, levied up0 by execution judgment against
her husband. The ievy Was made in July, 1915, at
the house OCCUPIED by the plantln IS husband and his
family. The pHperty was not then removed, and
shortly afterwah the plaintiff brought this action,
obtaining an junction 10 restrain It's removal
While the inJuntI0n wus in orce sho and her husband
broke up house eeping and the properly was stored
by her IN ware ouse. After this the injunction was
dissolved and ~ property taken 10 an auction room
In her iavor. he Court, Judge PAWS writing the
opinion, aliirrnsdthe judgment
There has urtdy been iully published the con-
troversy over tlp will OF tho lato Edward lsadOro
Sears. and par:ctarly that clause certain
valuable real Stae 10 the trustees OF Manhattan Col
ege incoDe " which, savlng annuity oil 81 900
TO his wife, isl0 be used 70 iound and maintaa
Latn profcsstshp. Tnc case came before the Court
ON an appca lirom the Surrogatos decision The
Court atrms DO Surrogate's decision sustaining the