The New York herald., 1875-07-17
THE ERIE RAILWAY LITIGATION.
DECISIONS.
SUPREME CoURT-cHAArBERs.

SUPREME CoURT-CHAArBERs.
BY Judge Barrett.
Breen VS.. Farley.--Motlon granted and reference
McGlen vs. O'Connor.-Bar reduced to 500 and
$40 costs 10 the successful party.
Ullmann vs. Haas.-Amount OF undertaking on
appeal liked at SIS, oo0.
NO II Same VS.. Same (No. p Same VS. Same (No.
Bechstein vs. Hlrsch-Mosion denied, with $40
Allen VS.. Kcbbe.-Motron for extra allowance de-
MED, without costs.
Excelsior Petroleum Co. VS.. FowIer.-I think the
clerks taxation was correct and must be az
hrmed.
trustee under the second mortgage OF the Buffalo,
New York ana Erie Railway CoDpany.-The ap-
pointment OF trustee upon the papers now be-
fore me seems to be useless expense and litiga-
ton. The application must therefore be denied.
Eaton VS.. Belden.-Motion denied, with $40
costs.
should be granted upon the defendants attend
ing and submitting 10 examination on the 2lst
ton or of the motion IN which the default was
taken to either party See memorandum
Union DIme Savings Bank We. StoeseL-Mot1on
denied and stay vacated.
Belloni, Jr. VS.. kathan.-This motion Is made
on the order OF arrest and~ on the papers pre-.
sented to the Judge who made the order. The bail
fixed by the Judge 10 thought TO be excessive. IL
is the general RUE. not departed rom wltheut
coed reason, that the bail required on such an or
der shall be the amount which tho platntin by Dis
sf1davits, &C, shows himself entitled 20 recover,
and costs likely TO accrue. do not think there Is
any fatal defect in the complaint in this case;
and It's averments, together with the afndaVits,
show thai plaintin is entitled 20 recover
upon the facts set forth BY him assuming them TO
be true, as tor tRe purpose Of this motion must
be done) to the amount OF $67.s54. The Judge
nxed tue bail at $4,000. This was no excess Of
power, as the interest and costs OF long htiga-
ton may swell the amount to that sum. Inc de-
fendants have made no anidavlts denying this in
debtedness or their liability. On the grounds and
for the reasons stated In the complaints ana am
davits OF plaintiff under the circumstances do
no. think this Court can properly interfere with
the order. Motion denied, with $40 costs.
The Mayor, &c, VS.. William NJ rweed.-It seems
to me after q careful examination OF the authori-
ties and papers, that tae case presents the same
question es presented TO Judge Lawrence IN The
Mayor &C. vs. Tweed, and that the defendant 10
entitled TO the bill OF Particulars asked for. MO
sturman vs. Clark.-n the matter OF Rargrave.-
Orders granted.
staDneld VS.. Stan1eld.-Report OF reieree con-
nrmed and decree OF divorce granted. Opinion.
Hesse VS.. Hesse.-Optnion.
Sheehy vs.. Keiy.-Motlon denied, without costs,
Belts VS.. Betts.-Decree OF divorce granted 10
defendant with alinony and counsel lee.
In the matter OF laying road or public drive
WTKenson vs. Hawley.-Opinion.
McGregor Vs. McGregor.-Referee's report con-
nrmed, and decree OF divorce granted to plaintld.
SUPREME COURT, cIRcUIr-PART 2.
BY Judge Westbrook.
Pratt assignee, &C.. VS., Chaplin ct aL-JudE.
ment for defendant. see opinion.
SUPERIOR CoURT-sPEcIAL TERM.
By Judge SpeIr.
Halpin VS.. The Third Avenue Railroad Com
panY-Case and proposed amendments settled.
See memorandum.
Garrus vs.. Rambach Let George P. Ingraham
be appointed the receiver IN tnls case, WIN ID Q
usual powers, &c
Bradbury ct al vs.. Johnson.-The defendant may
have hearing upon paying the costs taxed TO
pIalntlf and SO costs OF opposing the motion
within 1ve days OF the entry OF the order. Other
wise motion denied, with $40 costs.
Blackwell ct al VS.. Boscneni Same va. Same-
Flndtngs settled.
Lane ct al VS.. Van Zandt.-see memorandum.
weston vs. Ketcham.-Ordered tnat the inquest
and ali subsequent proceedings be vacated on the
part OF the plaintiff, ana the defendants be heard
nnon the Issues otned upon the defendants' pay
ing the costs OF an appeal as appears by the
order OF the General Term Of February..1sT5, TO
the amount OF 500, and the sun OF S79. being
costs and disbursements Of the proceedings sub
sequeut to a new trial and including the entry OF
Judgment, also $40 of opposing this motion. also
payments to be made within five days after entry
ana notice OF this order, and that the defendants
give security in proper bond to the plaintiff In
tne sum OF 81 200 conoitionea tnat she defendant:
obtained against the defendants or either o.
them.
ana Judgment OF divorce in lavor OF plantin.
BY Judge Van Worst
Blackwell ct al va. Observation-Disclosures
settled.
COMMON PLEAs-sPEcIAL TENN.
By Judge LarremOre.
In the matter or Martin.-Petltlon granted
and order OF reference to audit committees
]
/ smith va. Gounod.--0rder granted for payment
/ OF moneys by the Franklin Savings Bank.
In the matter Of the unsafe buildings, Ne. 49,
Eleventh avenue.-Order OF reference to hear anc
determine the issuos.
! Cromey vs. Frear.-0rder granted.
Clapp, Jr., vs.. Ockerhsu sen.-Motlon granted
with costs TO abide the event.
The New York Life Insurance Company VS.
Dean.-Report confirmed and Judgment order al
| to surplus.
MARINE COURT
BY Jodge spaulding.
John OFT vs. Charles Macarthur. defendant mai
come in, &c.
fendant may 60 TO trial without jury on a dal
consented TO.
Patrick McGuire vs. Antonio NJ Soteldo.-Ordel
vacatlng order OF arrest, with $40 COSTS &c. bal
discouraged.
! Harvey Weed VS.. Henry NJ. Patersen.--The am
! davit Is insufficient 10 not stating the property
&c.
James oNen VS.. Michael Roach.-Motion dis
John Motto vs. Thomas O'Brien--Judgment 70
plaintiff for 500, with costs and five per cent al
George Barlow We. Thomas o'Brion and another
Judgment for plaintiff for 800, with costs an
hve per cent allowance.
William Berry va. Thomas O'Brien and another
judgment fer plaintlH for $3.50, with costs and Nv
per cent allowance
Luttge VS.. Wilson, Smith Va. Specht, Stutsberge
vs. Scnwarzman, Casey vs.. CleaiR Maler Ys, Hue
ther Fischer vs.. Wager, Krause w. Bell, Schane
W.. Kumnath, Fisher vs. Schan, Reiger vs.. Lunl
bard0.-M0tions TO dlsmiss actions granted, wit
costs and sl0 costs OF notion II plaintiff does no
place cause on calendar, &c.
Lublin ys. Trafton.-Motion granted.
COIRT OF GENERAL, SESgIONS