The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-30
SUPREME c. UaT-CHAlaBERs.
H1gh.Toned Horse Racing at Country Fairs.
Before JudQe Barrett.

01Gh-Toned Horse Racing at Country Fairs.
Before Judge Barrett
John Smith VS.. John Il. Bagley.-Agricultura
horse lrots, JOSH Billings calls horse races at
country fairs, trials OF speed, the more HARM
less Designation applied TO them, do not always. It
appears, terminate altogether amicauly case in
p0lnJ came up yeser ay In TINS Court. At an
agricultural fair ned az Cafskul, Smith and Bag.
ley. the parties to the abOve cntltlcd acuOn, ar
rapeed TO try the speed OF their re- pecuve horses.
As u would not DO bel on result they whipped
the devll around tie slump ny the usual method
adopted On sucA occ slons TO give nigh moral tone
to the anair. Inc money was contributed and away
stared tue horses. smii q claims however. that
the riQnL to do 50. and Bagiey CLAIMS that the
judges IN declaring Smiths horse the victor iaied
70 do The square thlag Lut smitl Is bound 10
get the money II he and hence brought suit to
recover The money III dispute am uniting 70 $3.50
He wants the suit. however. brought IN Catsklil
and not here, and SO the came up yesterday on
3 MOTION 10 change The place OF trial. Inc Court
heard the argument ami then reserved It's decision.
Ihe controversy Over tn" Fenian Fund.
John LAWYERS vs. John O'Mahoney. OLD suit.
when mas been going through lively legal process
Of batedore and shutecock Tor the past four years,
seems 10 DE endowed with wonderful vitality. The
amount OF money which has given rise 10 this pro.
lOnged htisious quarrel some $4,000. The
maIler came up yesterday on o motion to open
DEFAULT taken at Inc General Term. Mr. h. Y.
Talmadge urged with eloquent zeal the motion.
which Mr.. A. K Kice opposed with ike earnest
enOr. The Judge listened win mar, eous patience
70 the long story, the inception OF the Fen,an fund
raising movement In tins country, the giving Of
bills Vi exchange bv August Belmont on The R0ths-
childs. Of London; tue trial am conviction Of
the Fenlan leaders NJ Dublin the appointment
Of receiver o the uni, the pending legal d. HI
the possession OF The money, and last not least, TO
tbc new evidence proposed 10 be CLEANED iron the
par'Oned Fenuns now In thus country. Nj. 1al-
mad.c claims that unfair advantage has peen taken
Of him, ana asks for new TRIAL Mr.. Rice contends
that there has been no unfair advantage, anu that
the suit should not lie allowed 10 progress further.
The C0urt took tue papers.
TIE injunction Against Tammany.
This matter. OF which there have already been two
postponemcnis, was set down for argument yestcr.
day. Unavoidable absence OF one OF The leading
counsel was urgcn as an excuse Tor another post.
yonelncni. The Judge accordingly put Oh the case
ali next Friday.
Knox vs.. Colders.-Tbe order cannot be granted.
1ne money IL in Philips hands, &c.
Brown vs.. C0burn ct al -Report confirmed and
orcer granted.
Merritt VA Gooderson ct al.-Allowance Of $3.50
granted.
Howard vs.. Reese ct aL-Moton denied. $40
oOssa. 81 opinion.
In the Matter Of The Application OF Emcline Y.
Young. Bond approved aud new trustee appointed.
SUPERIOR C0URT-iPEclM TERN. ~x
Deci-Bons.
BY Judge Barbour.
Bishop vs.. Bishop.-Motlon granted.
Barrow vs. Washington. order granted.
DOrmnn W.. Dunscomb.--MotIon granted,
DabDey VI. Greelev.-Urder granted.
lauv vs. Rrcnnan.-Same.
0alpiD VS.. ualpin.-Same