The New York herald., 1875-12-03
DECISIONS.
SUPREME coURr-cHAMBERs.


Barlow, and Cauldweli vs. Scranton (No. 4-Granted
Russell VS. Bauer.-Denied.
Solomon Buddenslek and Green VS.. Lemart-
Motions granted.
Farwcii vs. soule.-Motion granted Memorandum.
CobelI VS.. New York Cooperative Cigar Manuiac-
turing Company Bond approved
Nathan Va Watzfelder. Security in $500, &c.
Sharka vs.. HemkeL-Custody OF infants awarded to
the mother.
Matter OF shearer.-same difficulty as stated
Miller va. Mller-Granted. See order for stay.
j, Matter Of Church OF st. Joseph, Of Yorkvile -Au-
thorty TO the parties 20 apply should be under seal
Dillont va. Cavanagh.-Motion granted on payment
Of costs TO either give security for debt or
Hagar VS. Clark-The 500 collected should be de.
Quoted
Matter of post-Muss be referred. Who is the at
torney?
FrcilCh vs. Board of ofPolice-Motion denied Memo
randum.
Weeks VS.. Iawrey.-order TO stand as 1t is
SUPREME coURT-GENERAL TERM
BY Judges Davis, Brady and Daniels
Cotton ct al, &c, VS. Fox and another &c.-Judg-
reversed and ordered TO be entered in accordance
with opinion to the several parties be paid by
the trustees out OF the fund Opinion by Judge Davis
Judge Brady dissenting.
Dudley vs.. Gould.-~order reversed, with costa
knight vs. Cunnington ct aL-Judgment reversed
new trial ordered costs to abide event Opinion by
National Bank OF Farhaven VS.. The Phoenix Ware
house Company.-Judgment reversed new trial
granted costs to abide event Opinion by Judge Davis
Embury Sheldon ct al-order affirmed, with
costs. Opinion by Judge Brady.
Brown VS. Cromien and another.-0rder affirmed
without costs to either party Opinion by Judge Davis
Melcher ct al, &c, VS.. Fisk, &c-Judgment mod
Ged by deductng the allowance and costs taxed less
the disbursements and fees of witnesses and fees
OF the referee, and affirmed for the balance without
costs to either party.order to be settled motion
by Judge Brady. Opinion by Judge Brady.
johnson ct al vs. The First National Bank OF Hobo
ken--Judgment affirmed. Opinion by Judge Daniels
Samues The Evening Mail Associaton.-Ju
reversed trial granted; costs to abide event.
Opinion by Judge Davis
Swift VS. Prouty.-order reversed, with costs. opin-
ion by Judge Brady
Tuska VS. o'Brien, Gc.-Judgment affirmed. Opinion
by Judge DAVIS.
Parrot. VS.. colby.-Judgment affirmed Opinion by
Talcott VS.. Moore.-order appealed from reversed
and order TO be entered vacatng the injunction with
out costs, on this appeal or on motion made before
Special Term. Opinion by Judge Daniels.
Phelan VS.. Colender.-0rder affirmed, with $40 costs
and disbursements Opinion by Judge Davis.
Schultz vs. Crane ct aL-Judgment affirmed with
costs. Opinion by Judge Brady.
Martin &c, VS.. Hicks-ordcr denying motion to set
aside Inquest and vacate Judgment affirmed. with $40
costs and disbursements. Opinion by Judge Davis.
Fisher ct al VS.. The Mayor, &c-Judgmcnt affirmed.
Now York Dyeing and Printing Establishment VS..
BecdellJudgment reversed; new trial ordered; costs
TO abide event. Opinion by Judge Daniels.
Kid and another vs. New York and Harlem Railroad
Company.-Judgment reversed, with COSTS and judg-
ment ordered for the demurrant, with costs Opinion
Blau Observation-Disclosures affirmed, with costs
Opinion by Judge Brady
Opdykc vs. Prouty.-Judgment affirmed Opinion
by Judge Daniels.
Green VS. The Niagara Fire Insurance Company;
Green VS. Hanover Fire Insurance Company; Green
Germania Fire Insurance Company and Green
Republic Fire Insurance Company.-Judgments re-
versed; new trial ordered; costs TO abide event
Powers and another VS. Gross Order affirmed, with
$40 costs and disbursements. Opinion by Judge
Davis
Dickce VS.. The Mayor, &c-Judgment affirmed, with
costs. Opinion by Judge Brady
Knob The People, &c-Judgmcnt reversed.
Opinion by Judge Brady.
Winthrop ct al, &c, vs. McKim, &c-Judgment re-
versed and judgment ordered To be entered accord
ance with opinion. Opinion by Judge Davis.
The People, &c, ex rel Meyer vs. Asten ct al
&c, and Heser Asten ct al, &c-Order reversed
with $40 costs and Disbursements wrts directed TO DO
issued requiring the Board OF Assessors hear and
determine the claims made and TO make and file
awards in case the damages claimed any part
thereof appear to have been occas;oned by the i'm
provement opinion by Judge Daniels, Judge Davis
taking no part in the decision.
Ross vs. Ross ct al, &c.-Surrogates decree affirmed
with costs TO the respondents, the executors Opinion
by Judge Brady.
Dennis VS.. Charlick, &c.-Judgment affirmed. opin-
ion by Judge Davis.
Martin VS.. Lowenstein and auother.-order reversed
with $40 costs. besides disbursements Opinion by
Day VS.. The Mayor, &c-JudCmeut affirmed opin-
ION by Judge Brady.
Matter or Legsndie vs- The Mayor, &c.-ordcr
affirmed, with $40 costs and Disbursements Opinion
by Judge Daniels
Peterson VS.. Beebe.-order affirmed with costs
Hamilton va The Peoplo-Judgment affirmed BRADY,
j., dissenting. Opinion by Judges DAVIS and Brady
Opinion by Judges Daniels and Brady Judge Davis
curing with Judge Daniels.
Sutton W. Davis. &c-order affirmed with $40 costs
and disbursements Opinion by Judge Daniels.
Chatham National Bank vs. 0Brien, &c.-Judgment
reversed and new trial granted abide the event.
Opinion BY Judges Davis and Brady.
Dambmann w. Schultng.-hotion to dismiss appeal
granted, but without costs. Opinion by Judge DAVIS
Prouty VS. The Lake Shore and Michigan Southern
Railroad Company ct aL-order affirmed. with $40
costs, besides disbursements. Opinion by Judge Davis
Rogers vs. GouId-Judgmont affirmed. Opinion by
Robinson et al vs. Norris-Judgment affirmed, with
costs. Opinion by Judge Davis.
Roosevelt ct a. w. Roosevelt, &c ct al-Judgmcnt
modified by striking negecling provisions which
interfere with control the discretion vested In the
trustees by the power TO make advances and also such
declare that the advances may be continued until
the estate in the rcators personal property may
be wholly exhausted and affirmed, as modified, with
costs all parties, TO be paid out OF the estate 0pin
ion by Judge Daniels; order to be settled by Judge
Trubce vs. Aldern--ordcr modified SO that the at
tachnent be made 10 include such amount only q
will be equal tho difference between the amount OF
the bond gvon in Connecticut, in which case order TO
be affirmed. Opinions by Judges Davis and Brady;
Judge Brady dissenting
The People ex rel Tho Female Academy OF the
Sacred Heart w. The Commissioners OF Taxcs.-De-
reversed and order 70 be entered directing the
Commissioners to exclude the real estate affected by
these proceedings from the assessment list but with
out costs. Opinions by judges DAVIS, Daniels and
Brady.
KRAFT, &c, vs. The People, &c-COnvcsIOn affirmed
Opinion by Judge Wcstbrook.
Howell VS.. Van SIclen et al-Judgment reversed,
new trial ordered costs 30 abide event, Judge Davis
dissenting. Opinions by Judges Daniels Brady and
Davis.
BY Judges Davis, Daniels and Lawrence.
Miller vs. The Board OF Police-Judgment affirmed,
but without costs, Judge Lawrence dissenting opin-
ions by Judges DAVIS and Lawrence
The People ex. rel. New York Dispensary Green.
Ne, and The People cx rel Schanck, dc, VS.. The
Mayor, &c.-orders reversed ana writs OF mandamus
denied. opinion by Judge DAVIS
Dannat et al vs. The Mayor, &c-Judgment affirmed,
with costs. Opinion by Judge Brady
BY Judges Brady and Daniels
Eisner vs. Hsm OF aL--Order affirmed with costs
Opinion per curiam.
BY Judges Davis and Daniela
Lewis and another VS. The Mayor, &c Judgment
affirmed Opinion by Judge Davis
Estcrwcr and another purdy and another
judgment reversed; new trial ordered with costs to
defendants appealing TO abide event Opinion by Judge
Davis
Groccrs' Bank OF new York VS. O'Rorke Order re.
vorsed, with $40 costs besides disbursene ents and