The New York herald., 1871-09-06
COURT OF APPEALS.

ALBANY, N. Y, Sept S, 1871.
In the Court or Appeals, Tuesday, September 5,
1S71.-PresenJ-Hons. Sanford 4. Church, Chief Jus
tice, and Justices Allen Grover, Peckham. Folger,
Andrews and Rapallo. Proclamation made and
Court opened.
DECISIONS HANDED DOWN AND JUDGMENTS AF.
FIRMED, WITH COSTS.
Foreno vs.. Hopkins ct al.; Higgins We. The Water.
Welt Turnpike and-Railroad Company; Lowry ct al.
vs.. Inman; The Ocean National Bank vs. Oco,t ct
al; Holden VS.. The Putnam Fire Insurance Com.
pany; Duffy VS.. O'DoDnovan ct al. Houeh ct al VS..
son VS.. The New York Central Railroad Company;
Ross vs. Holman mpleaded, &c.); Crocker VS.. Cos
we %S ne a rp pe9pe eH rel OF the
slty d Company, as Assessors, dc.
JUDGMENT AFFIRMED. WITHOUT COSTS.
Lavel VS.. Van Wagner
JUDGMENTS REVERSED AND NEW TRIALS GRANTED.
Drew vs. Swift: Hall VS.. Sunderdale; Grant-survi.
vors, &C, VS.. Smith; Hart VS.. Messenger et al. !;
Hamilton et al. VS.. Bngass: Madison Avenue Bap.
tist Cnurcn VS.. Baptist Church IN oliver street;
Htna National Bank OF New YORK VS.. The Fourth
JUDGMENT OF TIE GENERAL TERM REVERSED, AND
THAT OF THE spEcIAL TERN AFFlRMED, WITH
The National Park Bank OF New York vs.. The
Ninth National Bank OF New York.
OF THE SUPREME COURT REVERSED, AND ASSESS.
MENTs VACATED, WITH COSTS.
In re the petition OF Geo. w. Douglass TO vacate
assessment IN SlXty-lourth street.
ORDERS OF THE SUPREME COURT AT THE GENERAL
AND SPECIAL TERMS.
Judgment rcversed and application denied7Peo.
pie eX rel. White vs.. Hubert, County Judge. &c.
Order affirmed, with costs N the matter Oi Eagan
to vacate Assessment, &c.
Order OF General Term OF the Supreme Court a..
1rmed, with costS-People eX rel. Perkins VS. Haw-
kins Supervisor, &C.
order granting new trial, and Judgment absolute
for defendant with costs pursuant 10 stipulation
Bank OF Albion vs.. Burns ct al
Judgment aifrmed, with costs, as TO Larned,
Dixon Palmer, and judgment Of the Supreme
Court reversed and Judgment on report OF referee
affirmed against Stephens, with costs, dednctiDg
$3.50 0S from the original Judgment to correct error
phens, CT al. (impieaded &c.
Judgment allrmed with costs TO respondents, TO
be PAID by the paintff from tie estate OF the testa-
tor-White ct al, executors vs. The American Colo
nlZation Society, lmpleaded, nc; White ct al. eX.
eculors, &c.. vs.. The Trustees OF the Board OF DO
The American Tract Society," impleaded, NC.
Judgment reversed and new trial granted, costs to
abide event, unless defendant. within tmiity days
after notice Uf this Judgment consents 10 entry
OF Judgment against him for S6453 81, with costs
IN the Court below aud IN this Court, and iii tnat
event The Judgment thus modified Affirmed Currle
ct al. VS.. White.
Judgment Of General Term reversed, and that on
the report oil referee atnImed, with Costs Chlas
We. smith.
Judgment reversed and judgment for the People,
adudging that the relator was not duly elected TO
the term OF Office Oh the defendant was unconstitu
tiUnal and void, and that neitner the reator nor
defendant was entitled to the Office without costs
TO either party against the other-Feope ex rel.
Fowler ct al. W.. Bull.
COURT or APPEALS CALENDAR.
Following s the Court OF Appeals day calendar
for september 6:-Nos. 21o, 27l, 250 S-l o3o, 535,
$40, 333, 293, 24l.