The New York herald., 1874-12-11
sUPREnE CoURT-oHAHBERs,
Mot1On to Set Aside . Decree or Divorce.
Before Judge D0nohue.

MottOn to Set Aside Deerss or Divorce.
Before Judge D0nohue.
In February last George e. Shiels brought suit
for divorce from has wife. Albertina Adele 5nlels.
The case was sent before referee, and on his
report that the charge was proven Judge Dono-
hue granted decree OF divorce IN favof OF the
ier deiendant 20 set aside the decree on the
ground that no summons or complaint was served
on the defendant and that she knew nothing OF the
proceedings Until they were nearly Hnisned. ana
fer that reason ialled TO pus 10 any defence. 1t
irregular and that t1e witnesses against the de-
1endans % were psr.ursd: IN oRpos1.ion Painans M
thas the defendant was served with copy OF the
summons and complaint, that she confessed this
In letter to ner husband and also the aduteries
Meantime the case 10 more complicated than 1t
would be otherwise Dy the remarrylng OF the
plaintiff since the decree OF divorce was granted.
Dtschargs Of . Military Prisoner.
James Murphy, inpriseaed on . warrant OF
Iieutenant Colonel James P. Hitchcock. President
Of tns Ninth Regiment Court Marital, was brought
before this Court yesterday on writ OF habess
corpus. The prisoner tyaversed the return OF the
Warden Of the Ludlow Street Jail on four gronnds;
ocsr IL sDother ao
commissioned by the Governor, and the Court
.ssss mad not power O 70 Try n
and discharged ali previous Gnes and penalties.
Third-Taat navlng demanded the assistance OF
having been ~ eeeon during 9s
q military @ "a duty. being exempt BY the the sevsnteensS
section Oi the Registry act. AHsr full hearing or
oy
points OF the prisoner were well taken and Or
dsred his discharge.
By Judge Donohue.
Denzer vs.. Jones.-Motion denied.
Allen Vs. Uyert0n.-Motton granted on payment
Of costs and $40 costs Of motion.
Mutual Bank Va. Grswold, ,-Dented.
stratton VS.. Bllngs.-Aotion granted on pay.
ment OF $40 costs.
os'ansiu 's' By Judre DAVIS. S'"''"' q
Matter Of Csrmins street Baptist church-pe-
BALDWIN vs.. van Nest.--order granted.
.yanderourgh Vs. Hallock.-Reterence ordered.
Lane vs.. Punat.--Motlon granted on condition.
Matter Of Daniel Drew II cannot approve OF the
tain ana nx allowances to counsel. That is mat
ter exclusively for the Court, on proof or facts
showing ns ~ nature OF 81 81 sssss ,h @
the original consent Of Kathleen Kelly to the ap.
p0tntment OF the new trustee without security
should be acknO ledged and died with tue report,
and the report should more distinctly state whether
II the latter should direct the mode Of inyestmens
that should be made, &c.
Graham Va. MattlaGo--Granted.
Hodson vs.. Mudd.-0rder granted
Sherman w. Mason.-Moti0n denied, with SO
costs to abide event: Memorandum.
Fettretch vs.. Fettrctch.-Order to be entered
that the defendant WITHIN ten days pay the sum
Ol ~ per week from the 9th day Of june 1874 TO
this date. or that an attachment Issue for con-
tempt. That said plaiHu6 pJ Gle costs Of this
motion.
Matter OF Graham.-Memorandum
Cohen va. Bancroit-Motl0n grsnted, with $1o
costs to abide the event. Memorandum.
Marshall vs. Aacy.-hetion denied. Aeuoran-
dunn.
Bergmlni W. Yornes.-Motion denied without
costs
SUPREME OURT-OIRCUIT-PART a.
OoCtO1oms
By Judge Van Brunt.
Continent National Bank w. Adams Of a.-Case
settled.
eUPERI0R COURT -sPROIAL TERN.
Decisions.
By Judge sedgwfck
Reaney vs. Downan.-MotiOn Denied
EraRkeaburg vs. New York BO very Fire Insur.
Ance COmpaHy.-AllOwauce Of $3.50 granted