The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-01-10
Court OF AppeaIs-Decisions.


Decisions rendered IN the Court of Appeals December
81, 1863
Judgment arcoi, with costsClark and others against
Parsons and others; Bowers, Others &C.. against Tall
maGge; Rider, admnstratrix, and another against
ell lhe Arcade Bank against Whan and another. Gard
ner executor, against Barney and another; Kelly i'd
mnstrator, against Campbell; Van Alstyne and others
against Van Aisyne Voormes against ST. John Mitchell
against Cook; LOWS against Palmer sligan against
Sharp Rush against Cole Barry against Coon Custer
bout against Smith Reed against French and others.
Judgment affirmed, with costs-Yanderpoel against
Smith and another; Ogden, Jr., against Raymond and
another; Iicbout against Now York and New Haven
against Vanderbilt Huson against Young Banks against
Pattcn and another Dunne aud others against Kettoan
e. al Kelly vs. Mccormick St John o. al vs.. Pierce;
John er al VS.. Wilson St. John ct al Va Youngs the
Moridon Cusiery Company vs.. Holbrook; the Merlden
Cutlery Company vs.. Hobrook; vsndeunter vs. the City
Judgment affirmed, with ccsts--Kennedy vs.. Chase;
Rider another vs. the Union Indis Rubber Com pany
Lucky w. Knocking; Meccei vs.. the City OF Brooklyn
Skinner vs. Newell
judgment. ahirmsd.-Ths People VI. Campbell; This
Judgment affirmed, with costs with five per cent dam.
agesBrown ct oil vs. Matner ct al; Brackets VS.. bar.
Company; tho South Berwick Bank vs.. LitcnGed.
Judgment affirmed with costs, with ten per cent dam.
ages--vroomun vs.. Gr!flths.
judgment affirmed, with costs, with three per cent
damages.-Paimer, executor, VS.. Carrigan.
Judgment reversed, trial ordered, to abide
AcGraw Phillips; Morrell w. The Irving Fire Insu
rance Company; Marble Whitney; Grams and another
w. Hunter; Bascom ct al Smith; 81 John vs. North.
rop; McBurnoy ct al Cutler and another Dresser vs.
Dresser
Reargumcnt ordered-Payne. executor, VS.. Gardner;
Scott Rogers and another Walton administrator,
Walton, executor The Ogdensburg and Clayton Railroad
Company vs.. wooley; Grinnell vs. Stewart.
Reargument Observation-Disclosures, Jr., vs.. Jacobs
CT al De Conva! and wife Ray al Everitt 81.
We. Evertt.
Judgment reversed and judgment for plaintG, with
superior Court OF Bualo adjust the smonn,
the Judgment according TO the agreed upon-Reed
VS.. The Merchants Insurance Company; Reed vs.. The
Judgment General Term reversed aud conviction
ahrmed--lhe People, plaintiffs in error, VS.. Cobel, de-
Judgmen, reversed without cos,s-McGregor vs. Bucl
and another
order appealed fron reversed with cos,s-The people,
ex rel Bank OF America, va The Comns toner's Taxes,
&c.
Oroer Of General Term refusing mandamus reversed,
and peremptory mandaus to asked for without
cost-ihe People. OK rel Eagle Vs. Keyser, Register.
Order reversed aud Judgment al Special Term affirmed
with costs-Chute w. Jones and another.
Order appealed from affirmed, with costs-Ihe eope,
ex rel Harmon vs. Whitney, Treasurer, &c: Gllig
Mas, implicated, &C.
Order OF General and Special Terms djecharrinr mr.
ohascs reversed with aud that purchasers
mentioned complete their purchaseIn the matter Of the
Protestant Episcopal Public School VS. Davis ct al.
judgment reversed and judgment Of Special Term az
hrmed with cosls-Robinson and another Gregory ct
al. Ely vs.. Covk
lutte for plaintiff with costs according to stipulation and
New York Common Pleas to ascertain amount due TO
p!aintil-Eurr Vs. Horn.
order affirmed, with oosts, and motion by APPELLANTS de.
Dicd with $40 cosis-McGregor ct al vs. comstock
Judgment reversed and judgment for defendant on de.
murrer with costs--Howei 81 al VS. City Of Buffalo,
Judgment reversed and complaint dismissed, with
costs--tfner VS.. City oil Buffalo. =
judgment Of Supreme Court reversed and Judgment Of
County Court affirmed, with costs-Paoe vs. The Butter.
NUS Manufacturing Company.
order setting aside Iockwocds Judgment and execution
reversed, with coss--lockwood VS.. Finn; Gondail vs.
Finn.
order reversed with costs assessment rolls 10 be
corrected by deductng stock and securities u w. held
by reators-People ex rc Merchants Bank vs. the Com
missioner u Taxes.
Judgment and order reversed. with costs and Judgment
for dcleRo ents TO be settled by naves-Tompk,ns va
Hyatt OF al r. A. TALJMAGE CierE
The following the Judges OF the Court Of Appeals
for the year 1861
Judges Of Court Of Appeals elected as such-ram DEMO
presiding Judge Henry f. Davies, William b Wright,
henry II. Selden.
Jassees OF Saprc7e Co. sitting in Court of Apuea,s-
Daniel p. Ingraham, First district Henry Horeboorn
Third district, Joseph Muin, Finn district Thomas A
johnson, seventh district.
IHLpRTANT DECISION op THE couRr OF APPEALS
The Court Of Appeals has decided in the case OF the
Bank Of America against the Commissioner OF Taxes OF
New York, that much OF the capital is Invested in
the stocks Of the United states is exempt from
taxation thus sustaining the law OF Congress and the do
csion Of the United States Court to that elect
COURT OF APPEALS CALENDAR
AIBASy, Jan, o, 1894.
January IL is as fCilowsNos %, 80 81 49, 49, al 49,
40, ~ and ~.