New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-12-28
LAW INTELLIGENCE



DECISIONS.
Graham Blatchford &c, agt. Leavitt, Receiver Of
North American Trust and Banking Company.-On
hill and cross bill First million and half million
trust case. Mitchell, Jan appeal does not stay
the alton of costs the insertion OF them on the
Judgment roll. Where an action was commenced IN
Chancery before the code took effect and Judgment
was rendered in 1883 the costs 10 st July, ls5l are
10 be taxed according to the old Chancery feebll,
and after that Time according TO the code. The costs
are TO be taxed notwithstanding the appeal by above
rule.
Pettee & Mann ACT. Price Il Gray, &e.-Judgment
affirmed, With costs.
Bellows agt Partridge & Fessenden.-Sane
Pu,I am ACT. Puinam.-Referred.
c. 5. Dennis, &c. agt. j. Kennedy, Halstead, 81
Judgment affirmed with costs.
Berley act. Newton.-Reierred.
Kiersed agt the People Of New.lork and Trinity
Church.-Reierred.
Morgan egt. Mechanics Banking Assoclstion.-
Judgment affirmed with costs.
People ex rel Sidney ii. Stuart agt. +. w. Edmonds
Order affirmed, with costs.
Fisher 4 Denny agt. Norwich aad New London
transportation Company.order affirmed
Whitaker agt Fisher, Nc Same.
Denny agt Hall Il Smith Referred.
Eyerson act. Gehrnan, &c.-Mitehell, IA
partner colluded with plaintiff the creditor of the
firm, that a suit should be commenced AGAINST the
firm and the summons be served on him alone, and
not on tire other partner and that he should then
make offer, admitting the plaintIii CLAIM Juds
ment NAY Re entered against HIM alone but Is lrres
other men Der being within reach Of process: Jadg
ment if entered against both, will he set aside as TO
the ore not served. Order appealed from reversed
with costs.
The People ex rel jenkins \ Condit ayt Parker
Vein Coal Congratulated, J.-Mandamus Is
not the proper remedy to compel Company whether
solvent CT insovent TO transfer stock 10 purchaser
of stock Order appealed from reversed, with costs
George A Vogel agt. Henry Badcock.-ClArke, j.
Section zoo is more comprehensive than the provs.
IONS of the revised statutes relative 10 the action OF
repleyin As defined and regulated by the Revised
Statutes this action was confined TO cases where tne
iume6ia.e restitution Of the property was clam 90
but the code allows plaintiff, under 2O6, to clam
the specific delivery of property after, as well as
before Judgment; making the latter similar 10 the oIa
action of detnue. Judgment reversed, with costs:
with leave 70 defendant 10 answer, GA payment OF
costs of special term, with leave to move
20 strike ont part of the complaint a. irrelevant
Lanes Gallagher sgt. Ann G sllagher:-Order az
,nc;aI term modified 50 that the cause be t-ed be-
fore jury The report of the referee set ASIDE WIKI
out costs.
Hunt act. Mootry -Referred.
! Canal Bank Of Albany agt. Elias 1. Harris.-Oraei
AT special term modified so that the motion 20 sc;
aside The executions be heard in the Fourth Judcia
! District No costs allowed on the appeal.
Horace X. Hudson agt. VIM s. Conant'-'uas
ment affirmed, with costs.
Palmer agt. Watt-Refered.
John II. Brewer sgt Lawrence Lsrls-New TIA
granted, costs 10 abide event