The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-08
DECISIONS.

nv Lnnce LAWRENCE.

How VS.. NICHOLSON; AnureMS VS.. Beeue. SUR
van vs.. The New York oily Bulle N Association;
A1ott VI. Nugel: sellcmgn vs.. TIE American
Whaeb0ne Manufacturing Company; Bum w.
DOVE; IAN ". I'm; Seliaman vs.. Kaufman /;
in the matter Of ngraham; Ward vs. ga . :
me Poop 81 the state ~ New York VI:
ne Citzf MS Plate GAS Insurance Compaafi
Parmly ". ward; The society Tor the Reorma-
ton Of juvenile Deliaquents IN the city OF ~
York vs.. Fax; Anthony vs. Day; Osgood vs.
Arnold; Miner W. Croffut Osg Cd ". Zemleri
in he matte Of rlimpioai Nalonal Park BahA w.
In the matter OF Swlt-Petiuon must &c r.
AcKerman VS.. Davies and another; Levy vs.. Gil
let; AmmidOwn VS.. Wlng.-OIQers granted.
rice vs.. Capp; Prlce VS.. Clap9.-Orlets r.
Dranusdorf vs.. scnimmener-1h arndavit OF
MI. Furong Is MOI dated. ..,.e.,ro
Brigos VS.. Acknowledgements IN foreclosure
Aumes vs.. Baird Judgment granted.
BY Judge Barrelt.
Dickel vs.. Tue Mayor, &c.-Motl0n Hrahttu'
Butler VS.. Wehle.-Extra allowance OF nye per
cent on S2l70 so granted. and hnal Judgment tna1
plaintiff l. not entitled 10 tie lnJunctun. ~.
Mutual Lie Insurance Company VS.. smith, ibis
is not the case of q devise IN lee, subject 70
Charged but coupled with power of sale. Is not
suca 4 power exhausted upon the termination 81
tee trust Ana was not te trustee a. he e. me liz
duty OF conveying 10 tue issue OF H. . smith IN
fee These questions, IN my JUDGMENT, are oN no
means Tree from DOUBT and me infants should nnt
he precladed rom raising them because 81 me
oversight Of ihe guard N "a lltem. "A Ed, en-.
635l the decree must therefore be opened,
with leave to the infants file new answer
setting up the inyalidity OF the mortgage.
BY Jul ge Dononue.
Lopez VS.. Karvos; DAVIS vs.. Karvos.-0rders
thompson vs.. Tnompson.-Rep OF referee
confirmed ana decree OF divorce granted to PLAIN
TIL.
SUPREME CoURT-GENERAL TERM.
BY Judges Davis, Brady and Daniels.
The Ma, or. &c, vs. Genet-Order affirmed, with
$40 costs and dlsbu sements. Opinion oy Judges
Daniels BradF and Davis, Judge Davis dissenting.
In the matter of tue peIltion or Balnbrldge.-
Oroer reversed WIN $40 costs besides dlsburse-
meuts. opinion by Judge Brady
$40 costs, besides disbursements. opinion by
Tie Tie Continental National Bank vs.. Adams ct
al-order affirmed with $40 costs and disourse-
ments. Opinion by Judge Brady.
Van Ranst VI. The New York College OF Veterl-
nary surgeons. Order reversed, with $40 costs
ana disbursements aud motion denied, with $40
costs. Opinion ny Judge DAVIS. ,
Hlgglngs vs. Murray.-Judgment reversed and
new trlaI ordered. costs o abide event. Opinion
by Judge Daniels.
In the matter OF the application OF me Depart
ment OF Public works and TO widen KingsoIidge
road. Motion 10 dismiss appeal denied, with $40
costs. OPINION by Judge DAVIS.
Mallory vs.. McConnell-Judsin reversed ana
new trial ordered, with costs 10 ABIDE the event.
Opinion Dy Judge Brady.
In the matter Of the petition o. Boehm to vacate
observation-disclosures affirmed, with $40 costs ana
disbursements. Opinon%y Judge Daniels
Kendall VS.. Briil.-Judgment affirmed. Opinion
Doves W. Grlsw old.-Motion for new trial de.
nied with costs ana Judgment lor plaintiff on ver-
dict Opinion py Judge Daniels.
In the matter OF the petition OF Agnew to vacate
assessment on Madison avenue.-order OF Special
Term reversed, with $40 costs and disburse-
ments. Opinion by Judge DAVIS.
Ooerly vs.. Observation-Disclosures affirmed.
Opinion by jude Brady.
speyer vs. Culgate.-Judgmen modified as specl-
fed In opinion, and affirmed as modified, without
costs. OPINION by Judge Danle.s Oraer TO be set
tied oy Judge Daniels.
Campbell. admlnlstratrlx, &C., vs. Hoge, In
pleaued, &c.-oroer affirmed, with $40 costs. be-
sides disbursements. OPINION by Judge DAVIS.
Carpenter vs. Beare.-Judgment affirmed. Opin.
ion Uy Juage Brady.
same vs. same.-order affirmed. Opinion BY
val Ell al vs. Lane.-Order nodded, as stated
in opinion. ana aifirmel as modified, without
costs 70 either party on y or r9e.o nn
pany 10 acquire lands, dc.-Proceedtngs affirmed.
opinion oy Juuge Brady.
grantee, Win costs 70 abide event. Opinion o.
Judge Daniels.
as specified in opnon OF Judge Brady order 20
be settled Dy Judge Brady. opinion by Judge
smith vs.. me Mayor. 6c.-Judgment anlrmea-
opinion by Judge Daniels.
Walker et al, executrix, vs.. SnoemaEer.-0rder
Pen1eld guard an. &C, vs.. James.-order
afnrmed, Win $40 costs and disbursement.
sarsn er al vs.. Tae First National Bank OF
Mobile. Judgment affirmed. Opinion by Judge
vose vs.. Yuiee.-JudGment affirmed. Opinion
by Judge Bray.
Mayer vs.. he Mayor 6c.-Judgment annrmed.
Rogers. assignee, &C.. vs.. schmersahl and
another-Ju igment reversed. ana new trial
granted: c0sts to abide event.
In me matter oil tue petition OF Furniss ct al
order af1rmed. Opinion by Judge Brady.
the People ex rel. Lee and BlxbI- Proceedings
afirmed and wut dismissed. OPINION oy Judge
DAVIS.
affirmed as modified Opinions BY Judges Davis
and Brady. order TO be settled ~ Judge DAVIS.
McDonuel vs.. The Ma, or. &c.-Judgment re-
versed and new trial ordered, costs to abide
event. OpinIons oy Judges Brady ana DAVIS.
Bush VS.. Tread wel.-Judgn ent affirmed.
Weetien ct al. vs.. rne St. Paul and Pacific Rail-
road Company ct a.-lnju elton modified In &C
cordance with opinion OiJudg5 Daniels, with costs
10 the respective parties as stated IA the opinion.
opinion ~ Judge Daniels. order 70 he settled by
Eed ct al. vs. martin.-order arirmed with $40
costs besides disbursements. Opinion BY Judge
Burke ". The People. &c.-Judgment reversed
and new trial or1ered. Opinion by Judge BRADY.
The Tenth National Bank VI. Ine Citg OF New
York.-Judgment affirmed. O.lnion by Judge
DAVIS.
Livingston, executor vs. strong.-Judument
affirmed, with costs. Opinion BY Judge Daniels.
MOrniser vs.. GaryeY.-Ju0gment affirmed.
OPINION bY Judge DAVIS
-cDwab VI. III ne PeOple, AC.-Judgment affirmed.
OPINION 0y Judge Daniels
rue People ex re-. walker W. The court OF
Special sessions rOceedlnHs affirmed ana writ
dismissed OPINION W Judge DAVIS
DOremus W. Mtams.-JudgmeHr reversed and
new trial ordered, with Gusts 70 abide event.
OPINION BY Judge Brady.
Nannay File cher.-JEdgment affirmed.
opinion by Judge Brady.
Ine People eX rel lr0wbridge W. The Commits
sioners 81 TaXes.-PrOceedinus reversed and as
sessments RENTED 10 the Commissioners, win
Instructions &C Greer 10 be setfled by Judge
Davis.
White ct al. vs.. suler-Judgment affirmed.
Opinion by Judge BradY.
Oberiander 81 al. ". spiers et al.-Judgment re-
versed. New trla ordered, win costs 70 abide
event Opinion Dy Judge Daniels.
Ne.smOre vs.. Back.-Order modified 50 as 10 d.
rect reference % take proof. &c., with costs To
abide event. Opinion ~ Judge DAVIS.
Kelly is. The MarpOsa Lana COMpdny.-Order
modified and affirmed a. modified, vita costs TO
abide event. Opinion o. Judac DANES. OrQeF 10
be settled By Judge Daneis.
ia the matter 81 Levy o Vacate assessmenr,-
order affirmed, with il0 costs. Opinion ~ Judge
Brady.
Waite W. weller.-order reversed, with SO
oraFs nn4fner disbursements. and mUf40n lYr IN.