The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-05
SUPERIOR covHT-spEClal TERM.
The Fenlan Fund Case Up Again-Afidavits
and CouptOr Ahidav iis-rhe Court Heartily
Sack OF the Whole Mntter-Deeisi0n Re-
served.


and Counior Affidaviis-The Court Heartily
Sick OF the Whole NIntter-Decisi0n Re-
served.
Before Judge McCunn.
John 0Adhoay Us. John La,cless, august Belmont
ara Ernest Lacke.-Tbe Fenlan fund case came up
IN this court in OF its peculiar phases yesterday
morning.
MI James Henderson moved, on the part Of the
receiver Mr. Barr that the order dscontinuing this
action be vacated and set aside, and that the said
receiver be made party defendant
discussion arose this point between Messrs.
Henderson, Mcfarland aud Page, the counsel In the
for the various parties interested the motion
heretofore made to punish Belmont and L.ucke for
contempt OF court in not paying the funds over 10
the receiver, which motion Is Still undecided.
MIR henderson took the ground that the defend
ants Belmont Co.. were in contempt Of court for
pot paying the funds pursuant to the order ap-
pointing the receiver, and that they had no right
10 move discontinue until they had compiled with
She order, and that It was necessary to make the
receiver party defendant, In order to enable him
Mr.. Page opposed the motion TO show cause why,
m the case Of o'Mahony vs. Lawless, the order
Of dtscCntinuance should not be vacated.
Judge McCunn thought that the better way now
was TO hear these motions on the spot and get clear
OF Tins business, for he was heartily sick Of It;
Mr.. Henderson then read the following afndavit OF
AFFIDAVIT OF RECEIVER RABR
Of hereof on he
ss ss BpS.ss q he
upon and thereafter the lSth Of July
s'g' s
e ;sss ssn
ihoein specified and at the same time, demanded ,haihs
and before The service Of said order defendant
- oc that he drawn said order IN form 50 as 70 allow
me
Of ns asp1nsn. ss such resess and assonaas said
EenIa distribute sSia fSnds as he said T1,msdse, might
70 show cause re,ar1sbe II. 18th day Of july sss why
se e. on :d s Sn S sassn 0
from said order and in the meantime M proceedings on
ihs hearing thereof that and the lsh day Of
:% es x IL s soSs sn
zen o n and Is vsry
s. asss y @
pay his and ~
Of such pontnen and deponent believes tina, such dscon
Re adf SS
AFFIDAVIT CONTRA.
Mr. Mcfarland read the following afidavit OF
Roger J. Page.-
Roger Page being duly swGr S dsposss and says tina.
Sna with the Of the ATTORNEYS Tor Il ar
tes The sad action discontinued solely TO carry
brought by Mr. Lswess without any design the part
theren any fees which he lawfully en,i.d;
acio and that tins aeponsnt a.. and
1e attorney Of plaintiff in said acton. ROGER j. FACE.
Mr. X. s. Guernsey, VINO appeared for Mr. Bailey
one OF the bondhoders In obedience TO an order OF
Che Court, presented the following order and am
dayit-
SUPERIOR COURT on TaE Cry OF NEW YORK. WNian
e s 10 1T &c andsv william HIisa T.
and ssiSaS, Of the funds nsniIoaed Complaint
:a saDslor So t serso ri
August twelve oe why receiver ven aIsyu
ss Dc n5 n % San nh, o iS Il. s ss s
York. or FOR such further or Other different relief in the
ss az Be s % |"
MOI a o @ ar seS 81 3 81
snd also ali PROCEEDINGS relating TO said funds and Ia said
:yea " ns supreme court JOAN T. soct nsiso
w. nAuRY's AFFIDAVIT
William n BAILEY being das sworn says he Is he panta
has learned that portion Of se funds 10 The
been espo:
81 The hands o. the 0y ch bar q New y9. Elk :.
sss s D-y p e
n: ara paper: a.sa y ysIISas SAID fund:
bondboderr mentioned 10 the complaint herein that
lion s:;ss = e dung:
WILLIAM H. BAILEY.
Judge McCunn, after considerable argument and
pickering among counsel, took the papers and re-
served has decteion.
Interesting Divorce Case.
Richard @. Dlfv Us. Elizabeth Du6y.-Thls was
motion 10 set aside Judgment for divorce obtained
against the plaintiff the 18th OF January last In
this conrt The plaintiff is an extensive aud wealthy
nquor dealer In this CITY, The defendant alleges IA
her anidavt that she Ii informed and believes that
this action was commenced by the service Of sum,
mon nd No bar ri I'm ryl,o
unknown person, swears he served The summons on
her on the Both OF December which defendant Ut.
her husband at his place OF business in Sixth ave.
Dne mp to the 27th or November last; that she has
10 quarreIsome, il-tempered and abusive, and that
they had lived for some years past very unhapply
had a quarrel when her husband left ner, but CON,
tinned 70 support her for some weeks after; that
nnay he refused any longer to support her, and
come sort Of separation from her, when she
went and lived with her relatives. On an
she found that her husband had procured
divorce on the sfldavIt OF one George Clifford, VINO
ewore that on the 9th Of January he lived In the St.
Charles Hotel, in Broadway, above Blocker street;
that he had been acquainted with both parties for
years ana that on me LIST Of November last he had
Amity street in the evening; that he followed them
and saw them 60 into notorious house Of assigna:
~ her ana said man; that e. suDssonentiv Nv tem
leave INC room and depart together. Upon ,nqniry
party a. Clinord ever stopped at or boarded there.
Tne case was adjourned TIL Saturday ct the request
For plaintiff II. A. Frost; for defendant Charles
Decisions.
by Judge McCunn
Stesp0u Morton Us. James Carton Notion
granted.
broom o. Hdnsen.-Moton granted,
The Neao England car .SD,1,io Conpanu 49, yobn
GVdss.-M0tion granted, without costs.
Brotone %. Haorichs.--Motion granted, without
John Kuhn ". J. ". Syevens. Motion granted.
Cnarfee Krdtse ". John Pne,er.-Complaint dis