The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-11


the account winch extension VIII not expose the
r1gnt o. defendant 10 amend. Mouon Denied Will
out costs.
KlerEan We. Beaver An examination OF the
pleadlnGs ana aldayits convince me tlat ~ win
take much more tnan an hour 10 try thls Case
Motion denied, without costs
Obchs w. Madden Color Company et aL-An
allowance % $40 y grated to the delen9ant
Scheb, ana plantins are allowed 10 discontinue
ON payment Of costs aud said allowance
Marshall ". Aacy.-Motion 10 yacate order OF
Nelson vs.. APPLICABLE TO place cause on
Special circuit calendar IS granted; cause SET
down Tor trial Tor the l4th.
Scnaefer ". the North and South Railroad Conn
pany-i cannot distinguish TINS case In principle
must the reore hold that the BONDS In question
are not property OF the Judgment debtors 10 DC
applied In satisfaction OF the Judgment
Melgs vs. T0mlnsOn.-Opnlon.
Saun vs.. Velmar.-Counsel win ind the decision
upon the various objections to the question pot 10
opposite TO each or the objections.
Carson vs.. Conover.-l think that this case
should be referred under the authority OIL welsh
tnat effect.
In Inc matter OF Spears; IN the matter OF Burke;
in the matter OF the Harlem Protestant Eplscot al
church; In the matter OF Budeman IN the matter
OF Michel; IN the matter OF the North America IL
surance Company llprlano VS.. Gazzard, ana 2;
in the matter ol Ginlty.--Granted.
Wright vs. Wrignt-Onder the circumstances,
as disclosed by the plan:in's alldavlls in OPPOSE
ton TO the motion, The apparent neglect or the
plalnun In prosecuting TINS action seems 70 me 10
be Justified. The moVon IS DEM d, without costs,
win leave to the defendant TO renew the motion
unless the cause is moved before referee prior
to the first Monday 81 July, 1875.
Goodwin ys. tonklin.-i am satisfied that 1t
will be impossiole TO try this cause in an nour aud
the motion To pace tile same on the Special CIR
cult calendar Is, therefore, Without costs
Martin vs. Stewart.-fne motion Tor leave to
file n supplementdl compialnt must be denies,
with costs. Inc plaintiff seeks by way of supple
mental comp amt To set up new cause OF action
and not matters In ana OF me cause Of action
stated in the orlglna complaint. This lie cannot
be permitted TO do. watson w. Shioeon, II Abb,
y. 1874; Edwards, Cny,, ia; Hoffman, Cny. Pr,
In the matter of Cooke.-The aAldavits annexed
to the petition purport to have been verified before
y master 10 chancery OF the State oil New Jersey,
but there Is no certificate under The name or seal
OF any the officers reerrcd In the act OF 1869
(chap 1873, Laws OF 1861 specifying tnat the said
Master III Chancery was at the time or taking SAID
afldavits Gully authorized 10 take the same, &C.,
the autnenilcation OF ai1davits taken IN another
State complied WITH tsee also Laws 1862 p. 24l,
aud Il. 5, p. 800; Edmands, p. 4l2l
Ire wlell ". BUOth.-Mea lUraGdum.
Munster vs. Selgman-l oeny this motion on
these grounds:-Flrst, II the Judgment wnicn IS
pleaded by tile delendant Is bar 10 enc plaintiffs
action IL Is unnecessary to make the cause more
definite and certain; second, II IT IS not abir,
tnen the remedy OF the platinum Is by demutrer;
thir /, the nsHer is tut snam answer lourtnsi
is not so clearly frivolous as 10 auth liZe the
granting OF Judgment on that ground.
Martz elder VS.. Mye She motion 10 place
TINS cause on the Special Circuit calendar denied
without costs.
as 10 the service OF two Of the defendants Is uu-
verified, and tile signing OF the decree must be de-
Wood vs. Conoyef.-Ihe mollon to strike out
portion Of the answer as IRE evant or redundant
Is uenled, with costs u motion.
Citizens Insurance Company ys. Harrs.--I feel
constrained 10 deny THESE motions 10 strike OUT
the de eGdIIt's answer as snam. on the authority
OF the cases OF aiay.and W. lyrer, As NJ T., PSI
and 2s4 and Thompson w. Inc Erie Runway
Company, 10 n. T., loo, 472. Inc motions are
therefore denied, out without costs and direct
that the orisinai answer ia each Of tue cases be
forthwith ned.
in the matter of the second avenue Methodist
Episcopal cnurcG.-ln tails case tie notice IS rot
oil an application IN the proofs already taken lor
the relief demanded IN me petition, but Tor the
taking OF lurther proofs. 4 cannot tnereupon
grant an order vacatlug the assessmento on de-
1ault, AS the Corporation Counsel mas not been
served with notice oil such an Application.
Pope VS.. Duncan.-Memorandum.
cummings vs.. Observation-Disclosures ordered.
Memorandum.
Farley vs. the Mayor-Applcaton should be
MADE at Circuit.
Micnaells Jena vs.. Micnaelis Jena-Anldavit OF
absence should be more lnll aud the order should
provide ior deposit OF paper III Post office.
Bum vs.. Belsteraeld.-ihe atfuaylt Cl Mr.. Blum,
on winch the order OF arrest Is asked Tor, is unver
l1ed.
In the matter OF Haney.-Should there not be a
certificate OF tue secretary OF state 10 Commits
sioner's certificate chapter 2T0. Laws 1902
Wheeler vs.. Wneeler.-order granted.
HaZZard W. Steyens.-Itelerence ordered.
Van Zlle vs.. Van Llle The aflidavlt must show
that sJme Efforts nave been made 10 serve the de-
Rudeau W. Rudeau-I 90 not think that this
anidavl. = sufficient 10 authorize an order OF pub
cation.
In the matter OF southwen.-The order has not
been submitted.
BY Judge Barrett
Scharabel VS.. Naturalization denied, with $40
Clark vs.. Deacon.-Mouon denied, with SO
costs, with leave 70 renew upon verified papers
and upon payment OF such COSTS
HieSer W. Asten.-MotlUn Denied with $40 costs.
sixth National Bank vs.. chicago and Alton
Railroad 20 rpany.-MOtion granted $40 costs 10
abide the event.
Union W. Green.-I nave given the relator ad-
ditional points Tor consideta ION and have exam
reason 10 doubt tnat tue remedy Is 10y acuon.
The m tlon Tor a mandamus must therefore be
denied, win $40 Gusts.
Matter or Polricr ct ai-Report OF referee con-
1rmed anu order granted as amended.
Miller vs. GrantZ.-Urder settied as proposed by
wood v. Mathematician for injunction de-
Lied ana temporary INJUNCTION dlssoVed with SO
costs.
AppleDee vs.. odeu-Report confirmed ana order
granted Dnt without costs Of tnls application lex
cept tne referees leesl. as the guardian acted
on his Own behalf and ls sufficiently enumerated
BY tue order Tor payment winch IS made.
CLARK W. Co.es.-lne application is made upon
an entire msconcepuon vi the once OF a motion,
10 maze more ennite and certain. The complaint
Is sumcleutiy dennitc ana certain, and the motion
must be denied, with $40 costs.
Wllkens vs.. Crandel.-rne ssnerlf Mr.. Conner,
certainly acted throughout in q very proper man.
ner, and there was no cause whatever for the
motion, 80 far as he IS concerned. As TO INN the
motion must be denied, vita $40 costs wish
could say as much Tor the other parties, but can
not on these pagers. II looks as though the right
ofremovai had been mace use Of as means OF
abuse OF our process gate apart from any ques-
ton as 70 the stay. But serious charge
should not be Lightly formed, ana think the w.t.
nesses on both sides sAOuid be cross-examIned
before maj adjudication. Let IL, therefore, as
10 Lanl2an ana UCOnneli, be referred 10 John n.
IL wis, Esq, 70 take any proofs winch may be
offered by either side ana TO report with his
opinion.
Du Pasquies w. squirc-The case is not sum.
gently clear either Way 10 Justify It's disposition
upon afndays alone. mere should be reference,
so that tue witness knowledge can be tested by
crOss-examinallon, aud the iacts upon both sides
Iully aud completely brought cat. Let IL accord
1ngly be referred 10 Chores Ii. uldTeth, ESD, to
tase proof OF the iacts set up ia tie res pectlve
amdavlts upon botn sides and 10 report with bis
opinion, tue motion 70 be reheard upon two days
notice upon the coming in Of his report.
Mar;ineau W. La F0Ige.-Mo.ion for Injunction
ana receiver granted, with $40 costs, 10 ABIDE the
event.
Benedict ". Wilnot Manufacturing Company
Ia taxing up this case Tor examination und That
the papers upon which tile Injunction sought TO 90
dissolved was obtained are nos submitted These
should De furnished, ana tue Defendants papers