The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-09
Gupos ior Court-Speeial Term.
Before Hon Judge BOsworth

SEPT 7-Reuben Parsoms U.s. JOHN Travis. tie Mayor A.
dT and 4 a. ely q Ss Ss
.psss the sss s' &. 800
$3.50 in lieu Of giving undertakpe The General Torn
rendered judgment Of aarmanee from which the plain,
tiff appealed to the Court Of Appeals. and executed an
appealed from. Hs now mo o. for an order That the
Clerk Of the Court pay to him the $3.50 deposited on
taking the nrst sppea The Court held thst appeal
to the Court of Appeals would not have discharged the
surety In an undertaking on the first appeal had
bsen executed that It neither dvsss MOI snds the
ants have right to The OF the cspo.s msds
on appealing from that and to resort to such
aspssi. ,hs Court q Appeals srms the judgment Of
Henry 4er'is archibald Thompson The plaintiff ob-
ts'nsd judgment Tor want Of answer the defendant
oroer that on paying $40 costs Of rho notion and the
costs tubsequent to the fling of the complaint" he
for costs to not q trial and before
trial" 81; trial feen S16 The defendant appeals from
the decision Of the clerk Tho that the items
In properly allowed Gu judgment for want OF
where there is appearance by the defendant
the costs to the plaintiff, exclusive Of eosrs fees AMI
Disbursements ST. unless necessary to
apply to the court for judgment, IN that $2.
No trial fee be allowed, unless trial Ia had aud
there can bs 30 trial. ~thp the meaning Of the code
unless s Of fact Law EXIST to be tried There
such thing - noticing csuse for trial until the de-
PENDANT has appeared and ans EeIed demurred The
defendant On p.yiDs SIG In five days, may serve an
George van Daisen Hesektah Thistle and Mary II his
wye Tor an attachment Tor an alleged violation
of the Injunction denied Whatever rights the plaintiff
may have growing out OF the defendants receivershp
must be creed calling the receivers to account
The cet did dspoe any part of the proper
ty in question hin the hioied period contrary to
the terms of the ipjnnc ion
Weste,reH Bo0dTt Idlmdn "A per centage OF ten
per cent on the amount recover ed allow ed
Ne,Cell SttreUdK and Others r. Stokes DicKerson.-
NocB to strike out parts Of grained with liberty
TO defendant to In ton days by making it
finite ard certain
Joseph Alden s Solomon Jacobs and Norris Woo,f-
Jacobs sued Alden in the supreme Court, and Woolf
signed undertaking with Jacobs for the of
action The complaint In that action dsmissed and
judgment entered In favor Of Alden 70 costs This suit
is on that undertaking to such JACOBS
applied to the Supreme Court vacate the der dis
mis,ing his complaint The motion denied; from
the last order he appealed to the general OF that
court which appeal il still POI ding He moves
thai prcces be stayed in this until the dsc.
zion Of that ppssi Tns Court he'd that the appeal
from the order does not stay proceedings the udy
ment Tbs papers which the Supreme Court refused
to vacate he order dsmissog the paint being
before this curt IL has OF knowing that there
any plausible grounds for sppeahug and must pre-
sumo the order called from to have been rghtfuly
made The motion Ii denied without prejudice TO the
right to rsnev it. showing that the Supreme Court
ha proceedings ON the judgment, pending the a
peal in that court