The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-26
DECISIONS.
SUPREME coURT-cHAArBERa.
BY Judge Lawrence.


Smith VS.. Hart.-Tnls seems TO me 70 be re.
ferrabie case Let an order DO entered referring
tue same TO d. q. CALVIN, Esq.
Hall VS.. ArenL-Writ granted
McCutcneon VS.. Bower.-Aiter the papers In
this case were submitted counsel Tor some OF me
parties appeared Ia court, ana, as understand,
desired TO present stiidavits IN opposition 70 the
notion | have waited Tor the presentation 81 the
a1ildavlts long enough, and shau dispose OF the
mOlon on Wednesday II opposing anidavlts are
not furnished By that day.
in the matter OF RaOold.-The blanks in tue
thirteenth nadiug OF the referee must be 1lled IN
with the proper oates. &C., before the order Can
Pickering W Randolph and auother.-I am OF
opinion that the paintia has tailed 70 make out a
case winch warrants the granting q the order
ASKED f,r. Motion denied with $40 costs.
laylor vs. Ilrtmau.-Wrlt allowed.
Masterson VS.. The Mayor, &c.-Ordered that
Judgment absolute re rendered for defendants.
Ulmer VI. Wanuemacher -Granted
Brlant W. DE Forest cannot grant this order
without having before me me papers On which tue
former orLer was based on an afldaylt as TO the
Applebce vs.. Bishop.-order granted
McGregor vs.. McGregor.-Under rule 81, as re-
Gently amended, THINK That the plalntin should
have been examined as TO the matters referred 10
IN Toe RUE. Tue witness Angin has not verlled
the testimony taken rom him on hts re-eXanina-
ton.
Manoit vs.. OleL-The general guardian having
been appointed by ne court u New Jersey, aud
having given no security IN this state, ana beng
without the jurisdiction OF this urt, adhere 70
tue Option expressed IN my iorper memOtan-
dun nat ougm not to make the order sought
Tor nntll rule "a Is compiled with.
HAfGtu s..
Appropriation q funds alleged 10 nave been en-
trusted TO the defendant By the plantln. IL seems
clearly TO ne an action sounding IN tort and,
therefore, nos reIerraOle Motion TO refer denied,
with $40 COSTS.
Ode vs. HarTlson.-The erasions In tnis under
taxing should lie noted by the Commissioners.
MoTen vs.. Tue Mayor, &c Explanation re-
CURED.
SUPERIOR coURT-sPEcIAL TERM.
by Judge Van Worst.
Stanley Rule aud Level company vs.. GaJnor.-
The money vas received by the defendant la a
fduciarY capacity, and the motion 70 discharge
order VI arrest is Denied.
Eliot vs. Wtlnams.-Order adding Henry T.
Dawes. Jr.. as patty defendant granted.
Muller vs. EssIg.-Mouon lor receiver granted.
Rousseau VS.. lsaac.-iuis case should 20 on the
calendar oil Specla, Term.
uegeman W.. Cantre l-See memorandum.
MARSH vs.. decentralization granted.
ment of $50 trla. tee ana fl0 costs Of TINS motion
ana upon executing - tie plAintln an undertak-
ing, VITA TWO securities, pay any Judgment That
may De recovered IN tue action.
BY chef justice Mcneil.
Harrison aud another ". Lowne.-Judgmentf for
defendant. see opinion.
Robertson and another IS. The Atlantic Mutual
Insurance company Journey VS.. Iauman.-
Cases and amendments setted.
By Judge Speir.
Bovine vs.. O'Btien, sncrin, &c.-Tne action
brought to recover the penalty Is barred by the
statute " limitation. the pialntlff IS entitled to
recover the damages OF wnich ne mas gwen proof
the amount OF $40 and interest from date damages
u'suIlvan vs. Rob rts.-urder settled.
NeisOn, Jr., vs.. Inc sun Mutual Insurance Com
pany.-Casc settled.
COMMON PLEAs-sPECIAL TERN.
BY Judge j. +. Day.
In the matter VI Jonn lhL lunatic.-Order for
delivery ~ deed granted
Lawrence V. Lawfence.--0rder aRd commission
granted.
stokes vs.. Cassldy.-order granted