The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-29
DECISIONS.
SUPREME coURT-cHAMBERa.


SUPREME coURT-CHAAEBERa
by Judge Davis.
| In the matter OF Baniskel-ordeI ofreferencc
10 take proof and report same with his opinion 70
Beiioal, Jr., VI. Nathan Of alt an stn o. the
| opinion that the motion Il premature NO action
has been commenced, no summons or order de-
llyered to the sheriR. 10 allow defendant 70
order to move for the reduction OF gall would put
II Ia his power 10 prevent service u the order ~
arrest aud enable aim VI eyade arrest or escape
beyond the Jurlsdiction o. tho Court. Tic motion
Ia cue matter Of Hyer.-order granted 60 IN
crease 70 %tlobO per alAum.
By Judge Lawrence.
Rusk Va Marston.- Exceptions ovcrru!ed and
report d referee confirmed.
The People Of The State or New YORK vs.. The New
YORK and staJen Island Ferry Company; Young
Vi. foung.-Ofders granted.
Morris VS. KeudalL-Order granted as settled.
Manufacturer ana Merchants B INK ys. Wilson
ana anotaer.--The order presented purports 10
relate 10 matter Wnlch was discussed by COUNSEL
for the parties. 90 not remember the case and
\ was heard before me, or whether 10 was by Dc.
4 fault.
the re eree's erti1cate among the papers sub
mt.ed, nor any notice Of motion. Tae questions
4 cannot be disposed Of By mo on the pa ers pre-
\ scented. As the Justice who rendered the oeci-
slon in the previous motion, and out OF which this
motion seems 70 nave grown, + 70 mold Chambers
\ bringing tnis matter before him.
Rusk w. MGrston.-Tne report OF the referee is
Il
Of January H. 1876 is denied, with $40 costs. the
reierees ices are 70 be added 70 The amount
allowed by the order Of January II, 1875.
/ LevinEhal vs. Steyens.--Granted
Dodge w. Haziett.-Ihe receiver, appointed on
mentary proceedings and ! receiver OF his pf6p.
1 erty appointed on the LIST u APRIL 1873 IL seems
very clear tnat one VINO Is insolVent QUAINT NOT 70
i be q receiver The arndavit Of Mr.. Tough does
not deny tnat supple mentary proceedings have
\ been taken against MIN, nor tnat receiver OF his
| property nad Deen appointed Inc alndavlt only
/ goes 10 snow mat certain judgment referred 10
| IN the morning papers was OBTAINED against
/ another man d the same name 1t does not deny
tne insolvency or the receiver, Unless such secu-
rity as VIII place the creditors or the defendants
4 beyond al danger u az once given, shah deem It
4 my dntV to remove the receiver.
| kennedy We. the Brandon 5tatuary Marble Com
| paay.-TAe defendants have been guilty OF SUCH
/ great loches IN this case have DOUBTED whether
\ / ouTht 70 allow them TO come in and DEFEND As /
7 am averse 10 holding defaults Wnere there Is any
\ prospect that the defendants might succeed upon
a trial, ana as there Is question IN tnl5 Case,
H shall omen the default on those terms First, The
/ judgment is to stand as security. Second, roe
\ defendants must, within five DAYS from date OF
\ order give d Dond, with Two sureties 10 be APP
proved III by one Of the justices OF this Court, IN
i tue sum OF $300l, conditional Tor the payment Of
| any Judgment winch the palnun may recover.
! Tnlrn, IHe answer must DO served within twenty
days from Date Of the order and the referred
\ 70 referee TO Ne agreed upon by parues, refer
\ euce 10 proceed on nve days. not1Ce. Fourth,
\ The $40 costs Of motion TO PLAINTIFF Bigelow Va.
| Duncan, irrespective OF the question whether
| statute OF limitation it seems to me that
i this motion should be denied. The case has
| tin has rested his case before tue releree TO
4 allow the amendment asked for and thus TO intro
1uce new Esne !n,o 'ne case A. Ihe iete stage
| Ifine claim Il not barrea oy the statute the
4 iendant can preserve all nis rights 10y bringing a
suit Tor the cause OF action alleged rO exist la his
i favor. Motion denied, win $40 costs.
4 ScnwaZ vs.. hardWig-Even II mandamus
| wonid. under any circumstances, be the proper
remedy 70 restore party 70 MS rights in mere
/ voluntary association, which Is point not res
| rom difncuty tsee Johns cases page 217-6 anu
Il Gases cltedl am o. the opinion after reading
Il the anidavIls that in this case the motion should
II be Denied
SUPREME CoURT-CIaCUTr-PART 2
Nv Judge westbrook.
4 Button vs. Bradley.-See memorandum.
COMMON PLEAs-aENERAL TERM
By chief Justice Daily and Judges Robinson, Larre-
more and a. H. DAILY.
Rosenfeld va. Palmer.-Iudgment reversed, new
trial granted, costs 70 abide event. opinion by
/ Judge Robinson.
Brueis vs.. The Mayor, &c.-Jujgment reversed
reduce the judgment TO sI5i 50; II so reduced
\ Judgment affirmed Tor that amount; no COSTS TO
i esther party. Oplnon BY Judge Robinson.
Johnson vs. Judkias.-JaG0ment af1rmed, with
costs. Opinion oy judge Robinson.
Lewis w. Tucker; Gilmore vs. thompson
\ Judgments affirmed, with costa Opinion BIZ
\ Judge Robinson.
Leesn vs.. the Atlantic Mutual Insurance Com
4 panY; Geery We. GeerJ Maynard Va. Brennan; ;
I MagOwn vs.. sinclair; Hl1obTandt vs. ConoyeT;
\ Wintringham W. DibDie; GAlet vs.. Nichols
u Judgments affirmed, with costs. opinion by Chief
4 JuspIce DAILY.
McDouoqgh " cDonoqgn.-Judgment re-
versed and new trial ordered, COSTS VI abide the
n event opinion by Judge j. L. Daily, Chief Justice
y DAILY dissenting, Judge LarremOre concurring.
Taylor ". Philhps.-Judgment reversed, new
Y trial oTderes, costs to abide event. Opinion BY
\ Chief Justice DAILY, Judge J. +. DAILY dissenting.
More vs.. Rand-Order affirmed, with costs.
Opinion by Cniei justice DAILY.
roiaamas W. Bogart--Motion for reargument
denied. opinion by CHIEF Justice Daily.
Lullck VS. ACKNOWLEDGEMENTS reversed as 10
Markham W. Townsend.-New trial ordered
costs 10 aDida event OPINION Dy Chief Justice
DAILY, Judge LoeW concurfing Judge J. +. Day
AcAdam vs. Cook.-Judgment reduced 70 $50
and costs Of trial beo1 affirmed for that amount ;
% costs q appeal 70 eisher party. Opinion ~
Davis vs. SosietY Tor Prevention OF Cruelty to
II Anlnais-0rder affirmed WITH COSTS Opinion by
Unlef Justice Daily
II Gitderslesve vs. Dixon.-JuGgment affirmed,
\ with costs opinion by Judge Larremore.
Batngate w. HasKlns.-Order affirmed, with $40
. costs. opinion by Judge Larremore,
4 h&yland 70. Wehle.-OrdeT appeared nom al
nrmed, with $40 costs. Opinion BY Judge L4rre-
more.
Norwood ". Barcolow; Doremus ". the Mayor.
&c. WlnsiOW W. J0hnston.-Judgments affirmed,
Y WIN costs. Opinions by Judge Larremore.
i Equitable Lie Assurance Society W. Stephens
Urder affirmed, with costs. opinion by Judge j.
/ r. DAILY, Judges Larfemore and Robinson dissent &
\ Hartman vs. the Mayor, Ac.-Order reversal :
i $40 costs. opinion by Judge j. r. DAILY.
rne People vs.. neutrality-suspicious. TO set
aside judgment on forfeiiee recognizances denisd.
II Opinion by Judge J. 4. Daiy.
Y The People ". Abranams.-Application 20 set
asiae Judgment on forfeited TecoRnlzsnces grant
Cd OPINION oy Judge J. T. Daily.
\ COURT OF GENERAL SESSIONS.
Before Recorder HacEett
GRAND LARCENY.