The New York herald., 1875-11-18
SUMMARY OF LAW CASES.

The will Of Margaretta Knetter bequeathing about
81, 700, was admitted to probate yesterday by Surro
gate Huchings the contest TO the will having been
withdrawn.
The matter OF the settlement of the estate the
Nicholas Siegrst called up Surrogate Hutch
ngs yesterday but postponed by consent of both
parties until November "a
In the Court Of Common Pleas yesterday Jehoiachn
Davis filed schedule of his liabilities assets The
liabilities placed at $92, o5S AS the nominal assets
at SS S6 63 and the real assets at SIS 440 The United
States Trust Company is the largest CREDITOR It's claim
being for $50, ooo
j. P oSullvan the plaintiff in the suit against Mar
shall Roberts being tried in the Superior Court
reported mysterously missing turned up in the
yesterday much. evidently to the astonishment OF
his counsel 1t turned that he had left the
quest OF witness, but without having notified his
counsel of the fact
A petition was sent yesterday to Judge Donohue in
Supreme Court, Chambers signed by the President
a majority of the trustees Of the Metropolitan Collar
Company, asking dissolution of the company. Mr..
Frederick smyth appointed referee to examine
all the claims and to hear objections if any against
the company's dissolution.
Judge Donohue yesterday granted an order to show
cause why mandamus should not issue against the
Board of Estimate and Apportionment directing it to
insert in the tax levy for year the sum appro-
praed by the Board of Aldermen for the erection of
armory for the Seventh regiment The order was made
returnabe to day. and the will come up for argu
ment
Some time since judgments we're obtained in the
Supreme Court by Cottman L. Ecclesine, plaintiffs
attorneys in eight suits brought against the city by
of regiments of the National Guard
for their salaries The judgments paid yesterday
by the Comptroller, the verdict in each suit being
$3.50 81. The city made no defence and tue judgments
were taken by default
A further hearing in the John L. Brown contested
will had yesterday before Surrogate Hutch
ngs Various additional witnesses testified that they
had known the tcstator during his lifetime, and to the
| best of their knowledge he was OF sound mind. The
case is still on.
Surrogate Hutchings admitted the will of the late
| William I. Blodgett yesterday to probate. The will,
which is dated January 26 1875, names Mrs Abby b.
Blodgett executrix and Josiah NJ. Fiske and Henry H.
Anderson as executors, and William I. Blodgett Jr,
be associated with them after he shall have reached his
twenty fifth year. After leaving few minor bequests
his SISTERS and sister n-law, the will provides that
the remainder ofthe estate, excepting the plate furn
/ ture and jewelry, which given TO the widow shall
be divided equally between the widow and his and
] daughter.
In June last the Father Mathew Society," Branch No
| /, expelled Michael Foley on the ground that he
arrears for dues motion made yesterday before
/ Judge Donohue, in Supreme Court, Chambers, for a
mandamus TO compel the society to reinstate him. Mr.
Matthew r. Breen argued in favor OF the notion and
said that, even assuming the position the society had
taken TO be true IN regard to the dues still the reator
expulsion in violation OF law, the principle that
the accused should have hearing brought by the
service OF proper notice. and that he could not be
legally deprived Of his interests the funds to which
he had contributed without least opportunity for
defence. Colonel Spencer opposed the motion in be-
half of the society, maintaining that there
pusion, but simply an erasure of the reator's name
from the rolls; that the reator had drawn as benefits
the of $405 from the society; that he likely
| to be perpetual drawer, and that the action
i Of the society was proper Mr.. Breen defended his
| client with earnestness and said the society
should have brought these charges against the relaor
before the society and not before the court. but in
stead of which they attempted to set trap feeble
old man, quite unworthy Of an association which
bears upon It's banners the emblems of charity and
benevoence In regard to the question of expulsion,
I he insisted that this question was easily settled
by decision of Judge Barrett holding that
| from the rolls of membership expulsion. The
! Court reserves its decision
There called TO trial in the Marine Court yeser-
day. before Judge Spauding the suit of Jacob Woeher
administrator OF the estate Of Sigsmund Woelier
against the Grand Lodge OF the United States Of the In
dependent order OF the Friendly Sons Of Israel and
against Zion Lodge of this city of the same
the bylaws of Zion Lodge, OF which
! the deceased was member his represent
death the sum Of 81 o00 This sum the lodge refused
to pay, the ground that the right thereto had
forfeited by the deceased being IN default in his dues
at the time Of mis- death An appeal was taken to the
Grand Lodge OF the United States, where the refusal
to pay was sustained and now appeal Is made TO the
civil courts When jury had been sworn in the case
it was found that there defect in the peadings
and with leave of the Court juror withdrawn and
the trial postponed until some future day.
In the Marine Court yesterday before Chief Justice
Shea and jury, suit was tried in which G. H. Bauer,
editor of the Morrisania Tdgbtaa sought to
i from JULIUS htueTHne buWaTu fIlsCn Sl,UUU
damages for assault and battery 1t appeared by the
testimony that in August last about the time of the
assault, the defendant Heberline, who keeps
lager beer saloon, was running for a position
in Company of the Twenty seventh regiment
against man named ozar. few days following the
election there appeared in plaintiffs paper article
In relation 10 Heberline's defeat, which, 1t claimed
the part of defendants contained covert meaning
TO Germans which indicated some uncean act on the
part OF the person TO whom 1t applied. When Heber
line read the article he called at plaintiffs Office and
not finding him in left his In response tho
card plaintiff called on Heberlno at his saloon who de-
manded to know of him who wrote the article. Plain
till refused TO disclose the Of the author. and
Hcberlne then assaulted him with whip, the other
defendant assisting, and both following him into the
street, where they assaulted him with both whip and
their fsts and kicked and knocked him down. The
being submitted to the jury the question Of
fact and amount of damages they found in favor OF the
plaintiff for $780,
COURT OF GENERAL SESSIONS
Before Recorder Hnckatf