New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-23
THE COURTS.
srPREME CoURT-CnAMBERs

Before Mr. Justice Ingrdhdnl.-Mooney agt
The British Commercial Insurance COmnPd,y:,i conn
mercai Company as being absorbed In the European AS
Company was insoyent, anu tne TUE =, nd,nS
to ITS credit applied The benefit OF the policy
and in which Judge Cardozo appointed MT f. m b 90
agreement but the Receiver made an agreement win
the Continental Insurance Company ior S1t This
Contract %liiH was confirmed by an @ parte order
Of Judge Cardozo, ana tne o., ths ort Tau 80
order in accordance with the stipulation Oh the Ear
ties Mr. Porter appearing 1877 sae argued that as the
State had appealed from the order appointing MT bApy
Receiver this OF itself under the law OF 1901 stayed an
proceedings part and that the acts done 10y the
Receiver after that appeal were utterly v0d pesdes u
custody Of funds in which it had interest for the pro-
lection of public and private rights without due nouce
TO it, and an opportunity TO be heard in court oflaw
Mr. Rapalo appearing of the policy holders,
EXPRESSED their objection to the Continental Insurance
He claimed that their interests could be thus disposed
of by Receiver appointed in suit by another policy
MIR Graft Nathan appeared for Mr. Bixby, and argued
that Receiver could not be considered IN contempt
he informed OF the appeal, ana cituleu
that the only standing Mr. Rapallos clients had IN Court
was as copaintiIs with the plainh in this SUIT ana
Mr. Dimmick appearing for the Continental Insurance
Company, claimed that under tins contract the Com
diyested.
MIR. Tracy appeared for the Company and Mr.. c. A.
MIR Justice Ingraham intImated that the policy holders
should be allowed 10 select their own companies iOI IT,
Insurance. but reserved his decision.
Before Judge Barnmd.-In the matter OF the Harlem
eTs 20 apprais6 lands owned by Ebert Kip and wife
This application to the Supreme Court under me
oncrs To- appTaise the land owned by Mr. Kip and wife,
situated between Fortyseventh and Fortyeighth,sts.
Judge Barnard, at Chambers the 10th instant. Mr.
Rapao of for the railroad appeared, and read
r Gerry appeared as counsel for Mr. Mrs. Kip and
read and Med in open Court sworn answer rayerslhg
ffgsan f fhn
OF reference 10 take the evidence and report IL 10
Court Judge BARNARD ruled that the motion was
10 determine the appointment OF Commissioners;
aud that any objections could only be made after the
coming of the report Of the Commissioners, ana that
under the statute under which these proceedings were
taken he could not any objections TO the petit
non lie directed that an he entered appointing
James II. Coleman, George H. Purser ana James b. Met
calf, Commissioners.
THE case came up again yesterday before Judge Bar
nar ON the order Mr. Gerry stated that lac had been
served with an order containing recital that he had
been heard IN opposition said petition and the Court
having heard the proofs and allegations oil the parties
and no sufficient having been shown against the
that inaccurate statement OF the facts when
had taken place on the moti3ni that uhucr hs
Honor's ruling he had not been heard at all
that his Honor had decided that any such nearing was
premature and this being special proceeding the
order which mast be entered forms part OF the record
and any untrue recital ~ the order might very seriously
prrudiCe the rights Of his CLIENT that the amount M
voyed i'm this matter very large, being some t5OO
and that therefore Of the highest Importance that
whatever did take place should he accurately stated IN
the record Of proceedings He further submitted that ~
W.
ON the ydence should have the facts stated and that
the order should not upon its face aego an unrnth lie
lie case and thought that under the 18th section OF chap
lao of the OF $780, amended by the I'd section OF
chap 2s2 OF the laws Of 1854, his Honor was IN error
That however not question now for him 10 argue.
he asked that the reclas of the order shond ac
oratey state what took place on tue motion lie also
Insisted the time for the organization OF the Conns
should be fixed at later date than the 25d INST
Mr. Eugene 4. DAILY, for the Railroad Company, OPP
posed inc og % he valid or re authorize any proceed
pt,dp Inv fle
Guements the statute aDd that therefore the amend
mcnt should not be allowed MI. IeaIy ~ sau nc
striking the words already mentioned and inserting
isead the following words which c0nforned the order 10
the facts "And moved thereupon foi an order OF refer
ence take proofs Of the allegations OF fact 10 said petit
lion traversed by said answer; and such motion having
been denied, IL appearing to the Court that u Is
not competent for the respondent TO traverse the
Tor the appointment Of commissioners upon
this application nor to give evidence IN support OF such
objections Judge Barnard thought that u was not ne
cessary that the recital IN an order Of this should
contain anything more than mere statement Of the
facts which occurred ana not the reasons of the Court
for granting the order He directed that the order be
amended 10y changing tho recital. "hayng heard the
proofs and allegations OF the paret-to having heard
The proofs and allegations Of the petitioner he added
that It became necessary for the purpose OF appeal he
would furnish certificate OF what dd tnspo before
him. In tia event OF any question arising upon any hnD
guilty in the language Of the order
Before Mr.. Justice BdTudrd. HOW DirOrces may be- Ob
tIiHed- W6t0H agt bofi0i-ln this case the husband
who quite wellknown In railroad circles. obtained an
absolute divorce from MS WE ~ August last and mar
red again September. In November the first wife ap
the hrs came up for argument yesterday
The divorce granted In usual course the summons
having been served not personally but by publication
and testimony to the adultery being by person who
described himself as baggage master Of the Central
Railroad ANA 10 having met the defendant nj an assgna
ton house. and TO having learned from one OF the pros
tutes there that the defendant frequent visitor
The affidavit which publication Of the summons
granted stated that digent search had been made for
the defendant without finding her. and the belief Of the
afiant that she is not In the state
papers consist OF her AFFIDAVIT with that of the
lived continuously at one house for some year,, with
some exceptions Her AFFIDAVIT denies the adu
terry and that In l6 she separated from him for bis
open adultery with a Miss Wilson that he occasionally
gave the defendant money, meeting her from time To
time. and sending her unsigned notes 10 meet her ana
this occurred at the very time he was advertising
the summons against her. She produces the alidays Of
her employers That nj the time OF the alleged adultery
she kept close 10 her work that she could not pos
sbly have got OF 20 the assignalion house she also
produces the affidavit OF the keeper OF the
house. who quite Indignantly denies that she keeps
prostitutes permits her visitors 10 each other
The plalnun IN opposition 10 the motion produces the
affidavit OF the witness. reiteraung his statements and
indicating residence the affidavit Of one Gdersleye,
conductor on car, who sweafs ne often saw The de
PENDANT getting out with young man In the neghbof-
hood OF the assgnatOD house the adavltt OF the plain
tf shimsel the writing OF the unsigned letters for
knowledge OF her whereabouts at the time OF the divorce
There also some other afdayits In support OF the
the papers and reserved s decision Mr. Culver for de-
BuH agt BuH.-1he plaintiff In this tho wife,
and sued her husband for divorce. On the trial the
pealed The present application Is for continuance Of
the almony IL resisted on the ground that tho de-
csons that alimnny should only be granted to
plaintiff where there probable for her action
and that this rebuted by decision against her on
almony until a final judgment The Court strongly init
mated it, opinion against the application, but finally took
the papers 10 examine tho authorities
Before Mr. Justice characterization under an Assign
meHtThe WdrerieV National Bank agt Mary 4. Heaiey Fl
dLIhis action brought by creditors OF Halsey
a Northern TO set aside az fraudulent an assignment
made for the benefit OF their creditors On the trial the
complaint dismissed, but appeal TAKEN
which Is now pending The matter came up before the
Chambers motion by plaintiff that receiver OF the
usa mad 10 a al