The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-07-25
supasM; C0vaT--cHAMSERs.
Sustaining Decision Of Superior Court
Judge.

Judge.
Before Judge Cardozo.
The People, fc., Us. C. L. MOneu.-The Judge In this
case yesterday rendered decision denying the ap-
pication for suit or cer0rari and stay OF proceed
ings. HIS opinion setting forth the decision is as
foows:-"Appllcaton Is made to me for writ Of
certorarl and stay Of proceedings pending the same
to review an order made by Judge Mcneil In suit
pending ia the Superior Court Tor the perpetuaton
or the testimony OF witness, under article s, chap
ter 7, part g. of the Revised Statutes. The ground
urged against the order Is that the affidavit on
Which 1t Is issued does not disclose any
reason why the witness should be ex-
at ese e n The
pending in the SUPERIOR Court, and that the testi.
the prosecution Of The SUIT. This Is all that the
siatute requires. No special ground need be dis
the fifth article OF the nte. 1t Is otherwise when
evidence Is taken condltonaly under the first
Sr,ce: there can oe no doubt mat Judge Mcneil
refused. / may add that the defendant can raise
the objection which he makes, which goes to the
Jurisdiction OF the officer at the trial OF the action
and II 1t can be OverruIed can review the ruling
regularly on proper exception. Application re-.
fused"
Rioter Seeking His liberty.
IN re IN mas O'Nei7.-On the day OF the riot
O'Neil was arrested among a gang of riotous per-
loaded and capped lie was taken before Judge
shandley and held In 81, 900 to answer charge OF
carrying dangerous weapon. To-day an offer was
made To furnish the required ball. but the Judge
fused 10 nave anything 10 40 In the matter and
ordered the parties before the committing magis.
trate.
Decisions.
Sarah In7 rs. George f. Perry et ol.-Motion de.
MED on plaintiffs stipulation. &c. Costs to abide
event.
Elizabeth Darts Us. George B. Dacts.-Report con-
1rmed.
EdrGrd Matthews Us. Charles D. HuoOard-Motion
granted.
Jactson U.s. Elemon.-All the proceedings subse.
Guent to the default must be vacated and the case
Sent back for trial costs to aolde event.
La,otess ns. O'nahong. Memoranda Tor counsel.
G'eenctch Savings Bank Us. Df1tnm0nd ct al
Motion denied with leave to renew.
The Brooklyn CUU and NetctOon Ral,'Odd Com.
poay as. G. Hoacande ri aL-Motion denied.
Cha.tes F1ech Us. margaret Dettrtct ct ai.-MOtion
denied.
denied on plaintiff stpulatmg, &c.
Horace X. Ne,CtOn oS. PhtiD HdnE Ell al think
there should oe stay on the appeal from the order
security Tor the costs OF the appeal and paying the
costs OF this motion.
III hogan Us. BoDe,V National Bniah Of Ne,o
YOrk.-Bu may be retaXed &c.
Dolqe ct at Us. Lamoert.-Both motions denied
and no costs.
george r. Roberts ps. RobeT Z. ao6erGS.-Report
confirmed and order granted
NinItdfh rs. Ninlrdlk.-RepOrt confirmed ana
Judgment Of divorce granted.
Il ixdOeth McD. JorGOn Us. Frank Joldon.- Motion
to confirm report OF re.eree denied.
N chdo NU'tf1nR Us. Cdiidl'ine Nu1tiQdQ.-Report
OF service and default wanted.
Martha Sherman Us. Daniel TdrTiSh.-MOtion de-
MED.
Leggett 81 a.. rs. Arnold CT aL-Motion denied
with leave to renew on aaidavltS payment Of $40
costs.
Roti1ls ct al. rs. Whitaker the defendant will
stfpulate TO ADMIT the items to be correct II any
such De proven reference Will be denied; otherwise
granted.
TVng u.s. Fields ct al.-Motion denied without
COSTS
Scor rs. Finndo1n.-Order refused, &C.
SHttM rs. Ogd2i, IT., et di.--Order granted con-
nrming report Of referee
Biggtn Us. Ettfng Ell dt.-Moti0n for substitution
granted.
Fadchfld rs. observation-disclosures may be taken
to fix suitable aimony. The complaint Is not
vvlded as to Justify an injunction. But part OF the
motion Is denied, with leave to renew.
Smith as. central PARK Hoet Company et al.
Order settled
IN the Mater OF the Harmony Fire Company
Order granted.
M,tcheiu s. O0den.-Motion granted.
Lansing rs Republic Netcs COmDGny.-MOtiOn
denied with $40 costs, with ieave to renew show
Ing merits on payment OF costs.
LduQhrOn Us. MverS-MOtlOn denied
Roberts rs. Fuler.-Same.
MtUer rs. Gust 90 dy.-Defaut opened on pay.
ment OF S. costs defendant to answer In I'VE days
and to refer II the plaintiff 80 elect. and proceed TO
trial Of two days notice.
The Continental Bank u.s. Rand 1ti.-Both motions
denied, with $40 costs.