The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-02
BUSINESS In THE OTHER COURTS.
COURT OF APPEALS.


Justices.
It Is unnecessary to state that before a tribunal
like the Court OF Appeals, the questions under con-
slderati0n being exclusively dry questions Of law,
very little occurs Of public interest. The Court
however since It's brief session In this city has gone
through an almost unprecedented number of cases,
and yesterday handed to the Clerk batch Of de.
cisiOns, which will be found below. Meantime
portion OF yesterday was occupied In arguing
with divorce suit In April, 1869. John Pitts,
1t appears, brought an action against Rachel
ground Of alleged adultery. Pending this suit an
action was brought for the partition OF the estate
oaes to the m
Partition was denied, ana Mrs. Pitts refused to
release her right ofdower, the same Icing secured
Der, 1871, the referee in the divorce action re-
ported, among other things, that the defendant
had committed one OF the acts of adultery charged
but that the PLAINTIFF had subsequently cohabited
with her, and therefore directed dismissal Of
the complaint. This report was confirmed ana
Judgment entered thereon. In September,
1872 Mrs. Pitts procured, er poYte, an
order directing the collection and payment
mentioned mortgage. MIR. Pitts moved to
vacatc this order, on the ground that the respond
en had been Of and to nave
this motion was denied by Judge Fancher, deliver
ing an opinion. Mr.. Pitts thereupon appealed to
January last air&ed From this order OF airm
ance John Pitts appealed to this Court The case
alter which the Court took the papers, reserving
its decision.
Decisions.
The following is the list of decisions referred to
ab0ve:-
respOndents.-Appeal dismissed with costs.
Alice u. button, ADMINISTRATIVE appellant, vs.
Philip wilmer, respondent.-Judgment reversed
and new trial granted costs to abide the event.
Philip s. Justice, respondent, VS.. w. b. Lang,
Observation-Disclosures reversed and new trial
granted, costs to abide the event.
stephen b. Holmes, respondent, vs.. Edward N.
Mead ct al, Observation-Disclosures reversed, and
Judgment declaring that testamentary trustees are
not entitled, without costs to either party. Judg.
ment to be settled by Judge Allen.
John s Prouty, respondent. VS. The Lake Shore
and Southern Michigan Railroad Company, appel
lants-Order reversed, with COSTS
John M. Moran ct al, respondents. VS.; George L.
out the provision relating to the claim of the
Dotys, and, as thus modified affirmed with costs.
The First National Bank of Jersey City. appel
lants, VS.. James L. LEIGH, respondent; Annie
Tatten, ADMINISTRATIVE respondent, VS.. James l..
Phipps ct al, appellants; Aaron A. Degraw, re.
spondcnt, VS.. James Ii. Gilmore. appellant-Judg-
ment affirmed with costs. .a-~.---'-.--,~
John Whitaker, administrator, ct al, appellants,
vs. May A. Whitaker, Administrative, Respondent
Judgment OF Supreme Court and decree OF Surro-
gate reversed and proceedings RENTED. with di-
rections to the Surrogate to dsallow the claim of
respondent Tor the note Of the intestate claimed by
her, without costs to either party.
Mary Ann Hatch, executrix, appellant, vs.. John
w. Hatch, executor, respOndent-Judgment modi-
fed so as to give the widow the property allowed
by statute, and, as modified, affirmed without
costs to either party. Judgment to be settled by
William II. H. Hyde, receiver, respondent. va.
John $. vanslylse, Observation-Disclosures reversed
and new trial granted costs to abide the event.
The People ex rel. Peter l.. Williamson, appellant
vs. James w. Mckinney, respondent.-Order af-
flrmed and Judgment ordered for the defendant,
OF collector and that upon taking the oath of office
required by law he will be entitled to take ana hold
the Office for the remainder OF the term for which
he was elected, and without costs to either party
as against the other.
Henry Suydam, respondent vs.. John Smith, ap.
pellant; Jerome L. Berger, RESPONDENT, vs.. The
Same, appellant; John q. Berger, respondent, VS..
The same, appellant; Charles McCrony, respond
respondent, vs.. The Same, appellant; Patrick Nc
Lougbin respondent, VS.. The Same, appellant;
William Kowenhoven, respondent VS.. the same,
appellant; Garrett L. Kowenhoven. respondent, vs.
The Same, appellant; Andrew J. Ryder, respond
ent, W. john Sunte Tongather appellant James
respondent, vs. The Same, appellants Oliver Ryder,
respondent, VS.. The Same, appellant; william j.
Ryder, respondent VS.. The same, appellant; Dit
mas Coe, respondent, vs. The Same, appellants
Abram VOORHEES,, respondent, vs.. The Same, appel
acknowledgements affirmed with costs.
George w. Metcal, respondent, VS.. JOSIAH II.
Baker, appeant.-Order affirmed with costs.
Benjamin Sheaman, appellant, W. Joseph L.
Strauss, respondent. - Appeal dismissed. with
costs.
Amasa o. Miller, appellant, vs. James r. Adams,
Observation-Disclosures affirmed, with costs.
out costs.
Edward Day ct al, respondent, vs. Hiram Pool,
appellant-0rder granting new trial affirmed and
Judgment absolute Tor plaintin.
William Newman, respondent, VS.. Eias Frost
appellant.-Judgment affirmed, with costs.
In re the petition OF Frederick w. Ward to vacate
assessment order served as to assessment Tor
widening Prospect avenue, and for reversal OF the
assessment for paving and grading street from
Filth avenue to Ninth avenue, John I. Mcknight,
respondent, VS.. Charles Devlin, appellant.-Jndg-
abide the event
Maria J. Myers, executrix. appellant, VS.. Juan
c. DeMien, espondent.-Judgment affirmed with
costs.
Mary o. II. SLOVENIAN, respondent w. The Erie
Railroad Company appellant.-Same decision.
Robert IL. Drake, individually and as admins
traitor, appellant, VS.. Fanny Gilmore CT AL, respond
ents; The People ex rel Alexander oswald and
another respondents, VS.. Thomas Taylor ct al, As
SCISSORS, appellants; John Mosher, respondent vs.
Charles M. Randall, executor, &C., appellant
Judgments affirmed with costs.
SUPREME CCURT-CHAMBeRS