The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-02
DECISIONS.
SUPREME CoURT-CHAldBERa.
Nv JudQo Davis.

BY Judge Davis.
willard vs.. Fargo.-I nave examined the briefs
hanaed up, and am stlll Of tine opinion that the
motion should be denied, 80 far as Fargo Is con-
cerned, and the relief sought may be had In tnls
action, with proper amendment Of complaints II
necessary. The plaintiff, by bringing IN new
parties by his supnlem Dill must, as against
those begin ms trial de novo ana Is no Detter on
than by commencing q new suit. MORON snonlu
be denied, with $40 costs, and without preJuai1e
10 any new action tnat plantin may De autissu "
bring. and without preJuoice 10 hoIoh VI
am nd the complaint II so advised. 49,. -
OsgOod vs.. Arn0d.-Tne inquest ia thts CASE
ought not under tue circumstances, to nave been
taken, and should be set aside. Inc ahuaVlts
the claim and costs ID March, under crcum-
stances which give hlm the righL 70 enees settie-
ment with Arnola am aHa iustlRaSIe Tne aStorney
was notified oil the intention Of Arnold 70 settle
with Hardy, and recognIzied ms rgst 70 40 So
In the matter of Fulton.-Wrt granted.
in the matter Of Shearer.-Granted:
Guepp We. Huinage; Brand VS.. WorL-Orders
Carr vs.. Glbbs.-on payment OF the costs Of
preparing for trial. fee and disbursements OF the
circuit and $40 COSTS OF oppos ne THIS motion and
stpulatlng TO refer the issue for trial to George 81
sedgwick Tor such referee as parties may agree
uponl the inquest may be opened ana case pro-
coed to trial Deore such referee, sucn stipulation
TO be served within ten days and costs 10 oe paid
on adjustment By the clerk WITHIN I'VE days alker
notice thereof
salmon vs.. Leonard.-On paying costs of the
tral TO be adjusted and $40 costs OF opposing this
motion, the answer may DE amended as asked Tor
In the motion papers, sncn amendments 10 DO
served and costs paid within ten days after notice
OF the adjustment OF the same by he clerk, the
issue to stand as oil lts present. date and plain
tir to be at liberty to reply to the amended an
swer or domur as he may be ADVISED.
SUPERIOR CoURT-sPECIAL TERM.
BY Judge speir
Shea vs. Murphy The order OF arrest must be
vacated, with costs OF the motion.
Coulter vs.. WnDur.-Ine receiver may interfere,
as he may be advised, 10 the foreclosure men,
toned in the petition, ana may bring such affirna-
tive action ass may be necessary to set aside and
cancel the mortgage speelhed therein.
Harrlgan vs.. Kegan.-Flndlngs OF facts and law
settled. Let an order be entered appointing Mr.
Isaac V. French referee to JuKe and state tue ao-
counts. Order 70 be settled on notice.
Launy vs. Launy.- The plaintiff is entltled to a
decree OF divorce, dissolving the marriage con-
tract and Is entled to the care, custody and con-
troll OF the cnid
Lacmezzini vs.. Lacmezzini-The plaintiff must
have judgment. Let decree be entered on Ne
Brown vs.. o'Brien ct al Proposed findings
settled.
Lustlg VS.. Lustig.-Upon a careful examina.
tton OF the many volumlnous papers furnished
by the parties | am clearly OF the opinion |
ought not TO Ill ter fefe with the decisions already
made this court IN this case rms melton Is
Tor an Oroer to punish the defendant Tor his al
pay the allmony due oy MIN by orders heretofore
made by two different judge at the special Term.
BY the first order the alim0ny was nXed at S25
per week. The defendant failing to pay, and
being before the Court for lnlscOnduot gave
furnIshed reasons aud arguments, as appears oy
his papers, quite as cogcnS as those presented IN
inns motion. The alimony was, after iull discus
sion, reduced to $40 per week by TINS second
ORDER land ne was bouno to pay that sum
and some arrears OF the former allmony
thea due) unless the sum or SIS per
week should be modified by motion
for that purpose MADE. No SUCH motion has
been made. am now asked to refuse to enforce
this statutory remedy. winch Is In effect settlug
aside the last order instead OF enforcing 1t. Tins
/ cannot do. 1t would virtually render the statute
nuRatory and introduce o conflict OF action be-
tween the Judges hOldlng speclal term In the mat
ters substantially the same before each Judge.
no MI tiR So M m +
TO be entered on notice.
sutro eG AL W.. Fargo President, &c.-The
parties must appear before me on the 7th July
insr, at half past ten A. NJ, with the pleadngs
ana charge Of the Court.
BY Judge Freedman.
Hegeman v. CantrelL-Case settled. See
opinion.
McCaldin " Risley.-Case settled.
The Produce Bank OF the CITY of New York VS..
Morton ct al.-Judgment Tor plaintiff. See
opinion.