The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-15
DECISIONS.
SUPREME coURT-cHAMBERs.


Stewart VS.. unnlngham.-Memorandum for
counsel.
allowed, AMI case as tnus amenaed settled.
Erie Railway Com Jany VS.. Arcner.-ln this case
was made within three months after the service
oil the answer. The motion Ia therefore In time.
(Code secuon 8, lI3 AID l74l Under the clrcum-
stances stated IN the moving affdavits thlnk
that ne amendment asked Tor should be allowed,
upon pa ment Of costs OF TINS motion and oil de-
lenuant's costs before notice OF trial.
BY Judge Barrett.
Pool vs.. Bissen.-Upon reading all the papers,
have no dOuOt that inc answer was interpUsed in
bad taun. AZ an events the opening OF the dc.
fault ~ Mr.. Justice DOnonue Was an act OF grace,
anu It was incumbent upoa toe defendant 10 be
yigilaut IN complying with the terms upon winch
the layor was granted. Instead OF TINS he has
again been guilty Of gross lacnes. and am Of tue
opinion tnat ms purpose Is simply delay. Motion
denied, win $40 costs
Porter vs.. Porter.-Report OF referee confirmed
and judgment OF divorce granted, aud allmony
upon consent at tue rate OF $500 per annum al
loved 10 the platnun.
hal VS.. Woou.-lt would be improper TO deter
mine the validity Of tue proposed defence upon
mere motion. MoLlon granted upon defendants
stipulation 10 proceed totrial upon the ORIGINAL
date oi issue ana paying $40 costs OF tnIs motion
(wIthin nve days. and Nth the usual leave 70
plalnLln 10 discontinue without costs upon the
supplemental answer being Interposedl, II ne be
New YORK Loan and Indemnity Company VS. No
Intyre.-MOtion denied, with $40 costs 10 abide
Miller VS.. Duncan.-Appncauon for Injunction
denied.
Morange W. Hymes, &c.-The plaintIn may take
an order mat Mr.. Dale refund the money. but as
10 all other branches Of tae motion Inc defend
ants nave rlgnt 10 be heard.
Roman vs.. Oartn.-MOtion for q bill OF particu-
lars uenIed. Motion 70 refer part Of the issue
granted. Motion Tor jury trial as TO part Of tine
issue granted a1d referee appointed; $40 costs or
motion to abide toe event
Van Allen ". fla lneld.-Motton 10 strike out
amended answer i granted with $40 costs, unless
defendant wttnIn Two days aunt que service OF
notice Of trial tor the Apru term ana stIpuIate 10
try the actlOn upon FrluaV, t1e 23d INST. Ii this
stipulation - gwen the amended answer may
stand, ana $40 costs o. toe motion may ABIDE the
event II II ~ not gwen then the motion TO place
the cause upon the special Circuit Calendar Is also
granted.
other. Guardians, dc.-kepOrt OF referee con-
frmed and Order granted.
Hellensteln vs.. Ferguson.-There certainly has
been some lacnes In mixing TINS motion, out 10 is
better thar all the matters IN controversy should
be settled in one SUI, and do not see that the
pantlffs have lost anything BY the decay. Mo-
lion or leave 10 put IN supplemental answer
granted on payment OF $40 costs o. opposing the
motion.
Hart VS.. PettiS-Motlon denied.
SUPREME coURT-sPEc1AL TERM
BY Judge Van Worst.
valentine vs.. observation-disclosures settled and
Iastner VS.. observation-disclosures settled.
SUPREME coURT-cmoUTT-PABT 2.
BY Judge van Brunt.
Cooper, Trustee, &c., VS.. Arango.-Case settled.
SUPERIOR coURT-sPEcIAL TERN
BY Judge Freedman.
Jarvis, Jr., VS.. Ine Mayor, &c.-Judgment for
plaiutIn on tue demurrer. fSee opnIon)
Filth Nalonal sank Of Providence vs. Benner ct
al; DE Witt ct al. vs.. NEUTRALITY-SUSPICIOUS.
RoDsrtsOn. Jr., Administrator, &c, vs.. Mart ct
aL-Motl0u denleu without costs.
McDermOtt VI. MCDsrnotL-Report confirmed
and Iudg nent Oi divorce grauted.
by Judge Curtis.
Fellows vs.. Mlller.-Me mOrauuum for counsel.
Blanchard ". Brlgha n.-Moaon for tine appoint
ment oi receiver granted