SUPREME COURT. CATHARINE N. FORREST against EDWIN FORrest. Westchester County, Town of Yonkers, ss. : CALEB VAN TASSELL, of the town of Yonkers, in said county, being duly sworn, says: That he was one of the inspectors of the election held in the second district of said town of Yonkers, on the 6th day of November, in the year 1849; that this deponent, as such inspector, 2737 attended the said election, and received the ballots of the electors who voted at such election; and this deponent further saith, that the above named Edwin Forrest, on the said 6th day of November, 1849, in the presence of this deponent, voted at the said election. And further this deponent saith not. At a Special Term of the Superior Court of Present-The Honorable LEWIS B. WOODRUFF, Justice. The defendant having made a motion for leave to 2739 issue a commission in this action to examine witnesses in his behalf in the State of California, whose names are set forth in the petition of the defendant read on said motion, and for further or other relief, and which motion was heard upon the pleadings, proceedings, verdict, bill of exceptions and the judgments of the Special Term and General Term of this court in this action, and upon the said petition of the defendant and the affidavits of William T. Coleman, M. Hall McAllister, Theodore Payne, William H. Talmage and Theodore A. Wakeman, on the part of the defendant, and upon 2740 the affidavits of the plaintiff, and Nelson Chase, William Henry Brown, Heury Sedley, and J. Hall Wilton, and a printed volume of affidavits in the Supreme Court, on the part of the plaintiff, such printed volume being read, notwithstanding the objection of the defendant's counsel, that the originals would not be admissible on this motion-Now, on reading and filing said petition and affidavits. on the part of the defendant, and said affidavits on the part of the plaintiff'; and John Van Buren, Esquire, of counsel for the defendant, having 2741 2742 been heard in support of said motion, and Charles O'Conor, of counsel for the plaintiff, having been heard in opposition thereto, and due deliberation having been thereupon had-It is ordered, that the said motion be, and the same hereby is in all respects denied. (A Copy.) GEO. T. MAXWELL, Clerk. At a General Term of the Superior Court of Present-The Honorable JOSEPH S. BOSWORTH, Chief The defendant, Edwin Forrest, having appealed to the General Term of this Court, from an order made in this action at a Special Term thereof, bearing date the 25th day of June, 1859, denying the motion of the defendant for leave to issue a Commission in this action to examine witnesses in his behalf, orally, in the State of California, the names of some of whom are set forth in the petition of the defendant read on said motion; and James T. Brady, Esquire, of counsel for the defendant, 2744 having been heard in support of said appeal, and Charles O'Conor, of counsel for the plaintiff, having been heard in opposition thereto, and due deliberation having been thereupon had-It is ordered that the said order, so appealed from, be, and the same hereby is in all things affirmed, with ten dollars costs. It is further ordered, that the said defendant pay the said ten dollars costs to the plaintiff or her attorney in this action. Filed, Nov. 14, 1859. At a Special Term of the Superior Court of 2745 Present-LEWIS B. WOODRUFF, Justice. CATHARINE N. FORREST, against EDWIN FORREST. On reading and filing the petition of the plaintiff, and on reading the printed case on which the defendant's 2746 appeal to the General Term was argued, the order of the General Term thereon, the several papers used on the defendant's motion for a commission to California, decided on the twenty-fifth day of June last, and on reading and filing the affidavit of John Van Buren, Esquire, the affidavit of James M. De Young, and a report or certificate of Alvin C. Bradley, Esquire, Mr. Charles O'Conor having been heard for the plaintiff, and Mr. James T. Brady having been heard for the defendant, it is now ordered that, to enable the plaintiff to 2747 carry on this action, the defendant pay to her use for that purpose, on the tenth day of August next, the sum of one thousand five hundred dollars, and the further sum of two hundred dollars on the first Monday of each month hereafter, during the pendency of this action, until final judgment shall be given fixing the amount of the permanent allowance for her support. And it is further ordered, that such payments be respectively made on the respective days above specified, 2748 between the hours of twelve at noon, and one in the afternoon, of such days respectively, at the office of Howland & Chase, Attorneys for the plaintiff in this action, No. 46 Exchange place, in the city of New York, and into the hands of her said attorneys, or one of them, or at the office, for the time being, of her Attorneys of Record for the time being, and into the hands of one of them. And the defendant having, here in open Court, con2749 sented to waive the order of adjournment made in this case by the Referee, and the defendant having produced the consent of the said Referee to continue to act as Referee, dated July 22d, 1859, and the same being filed on the entry of this order: It is further ordered, that the said reference be proceeded in before the said Referee, at his office, No. 74 Wall street, in the city of New York, on the twenty-sixth day of July, instant, at twelve o'clock, at noon, and be thenceforward proceeded in with all convenient speed, and without any unnecessary delay, until such reference be closed. (A Copy.) GEO. T. MAXWell, 2750 Clerk. |