The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-24
DECISIONS.
SUPREME coURT-cHANBEns.

BY Judge Dononue.
selden VS.. Dole.-BaIly ought 10 have notice OF
In the matter Of Hargrave.-ouQht to be a ref
erence 10 ascertain facts.
Ia The matter Of Masterson.-Order granted.
By Judge DAVIS.
In the matter OF tue petition OF stewart OF AL
sn.vsn ~ L. genuine me Court cannOt take no
tice that the signature Is genuine.
In the mater Of Reilly: &e.-order granted.
Cugkley VS.. Cuskley.-Granted.
Saeely Va keAy.-IOLon granted
Benjamin vs. characterization granted. The
demurrer frivolous. aud, as y seems, was inter-
posed Tor decay. Plaintin snould have judgment,
WITH $40 cos-s OF motion.
Mar kwaM vs. the Oceanic Steam Navigation
Company.-Leaye 10 nIe and serve supplemental
answer granted, and answer to be served IN ave
DAYS issue 10 stand az OF present date
De Vol 70. Marshall Motion denied, without
Pierce va. Pierce.-Referees report confirmed
ana decree Of divorce granted 70 plaintiff.
ThurDer VS.. FItzgerald.-AoFtoa granted unless
plaintln make and Sc We on the DEFENDANTS at
torney the written stipulation IN TWO days, and
on giving such stipulaton-motlon denied, WIN
$40 costs, 70 aude the event Of SUIT 70 10 allowed
10 the successful partY.
Miller &C.. Va Brarigan.-The merits or this
case ought not 10 be tried on thls motion, becauss
tR4t is virtually 10 deprive the painful oi bis right
on review VI the questions affecting the merits.
TIE default was regularly taken. II can only De
opened on terms on payment 81 ne costs OF trial
and u preparing tnereior and 81 costs Oh oppos-
fne this motion aud on sttpuatng that the case
NAV lie put on tue calendar 81 the present term
ana forthwith tired the default mar be opened.
luace H. any order the Court A. special Term may
see n 70 make on that subject.
smith vs.. W0rstell.-i do not think stay should
be granted upon appeals OF tals Sine except In
rare ca e. The order OF references must pc pre-
sumed to be right, anu, as u = mode OF trJiRg
the ISSUES upon theT merits, there ought TO be no
stAy without zscurlty for the recovery A stay
may De had IN THIS case on giving sucn security,
but otherwise IL should be denied.
Ths Mutual Life Insurance Company vs.. whelp-
ley.-Graated; allowances q 500 70 guardian ad
Fsgo, ". Fapo,.-Referee's repor; and order
granted confirming report and granting decree "
divorce 10 plaintiff
a reference 70 ascertain nens upon a surplus, nas
undertaken TO settle an estate and pay on us
aud tue compensation Tor divsrs leRal services u
the attorneys OF the estate. The report cannot be
approved There y no compliance VITA tne new
MORTGAGE. The motion Is denied.
~ Judge brady.
Henry W. Boston Needle Company; Eaqleson W.
Hu uaaie.-Orders granted.
Wood a co. W. Mansfield et al.-Ihe undertaking
woodraff and another " Caldwell ana another
CNo. ~ Motion denied, with leave TO reaew on
payment Of $40 costs l,es opinloa 70 NJ. ~
ferris vs.. Foran.-I am not satisfied that the
defendant mas Decn prompt az ne should have
been, aud therefore an order 70 prevent the decay
calendar ordered tnatit be referred 70 y. JARVIS,
Jr ana az q condition require tue defendant to
accept n We days notice OF reference.
WoooruT Va. Casdweu mo. D.-MotiOh denied,
vita leave to renew on payment % $40 costs.
was under the Impression Nheu toe notion was
made m THIS case the cause had been noticed
or trial. nnd tns an error. The only order
ftsAt can be made, t4eFeioFe, - that the notion oe
denied, with liberty, however, TO tue plaiatin 70
renew TIE m0.iOn On payment VI $40 costs. The
privilege Of renewing Il gwen, Tor the reason tnat
the allegations OF plaintiffs having received tue
note Win knowledge, &C, are upon Information
ana belief and whicn may require more con.
noeratlon Than vas eiyen Ueen tae motion was
made. Ii would seem 20 be sufficient on the
authorities, but the matter NAV ne submitted or
prevented on that question a. chambers 10 the
Justice there presiding, 4 the platinum deems u
advisable.
Levy VI. Harris and another.-ln this case
the m0uOn 10 adjourn mace before Judge
DonDaue l. conclusive. Inc default cannot &c
opened, therefore. The defendant sh0ula vita
draw MS application 10 postpone Nv permission u
the Court, and then his Application c0ulc navC
been entertained.
Wright ". nowes.-f am not entirely satisfied
thaE the debt asserted % have been Que 10 The
Defendants brother was IN iact due. desire. u
X can De procuted % see his sworn statement
thCretO. Ii should DC served, II MADE, Nv copy on
tue plaiptldfs attorney aud another submitted Il
I me- 1his must Ne done within ave days.
FOfsgh W. Fredenthat-1ne papers and proofs
submitted make the case too doubtful 70 justify
7 the continuance Of the attachment. 1nat process
i Is one which Ge0uenty WORKS great Injustice and