The New York herald., 1875-12-07

Davis &c, vs. Duryea-Judgment affirmed, with
costs. Opinion by Judge j. f. Daily.
Miller VS. Burke-Judgment reversed now trial
ordered; costs to abide event Opinion by Judges c. T.
DAILY Robinson and Larremore
All causes argued during November Term and not de-
cded will be decided on the Slst of December, 1875.
SUMMARY OF Law CASES.
Recorder Hackett and the new Surrogate elect, Van
schack took their oath Of Office yesterday before the
County Clerk.
The boy Ralph Catlin accused Of mailing obscene let
ters and postal cards through the mails, held BY
Commissioner Belts yesterday under $500 bail await
the action Of the United States Grand Jury
William Z. Brown, boy charged with purloining
letters from his employers box in the general Post
Office, and arrested Saturday, was taken before
United States Commissioner Shields yesterday held
under 81 600 bail 10 await the action Of the United
States Grand Jury.
In the United Circuit Court yesterday suit was
commenced by Trenor W Park against the propretors
Of the New York Tribune, 10 $lo0 900 for an
alleged libel published against him
Joseph Collins, arrested in Thompson street. in the
Eighth precinct, Thursday by Fourteenth precinct
officer, alleged by order OF Commissioner Dsbecker
for keeping lottery policy shop and committed in
default of ZOO ball. taken before Judge Davis in
Supreme Court Chambers, habeas corpus and his
discharge asked for the ground that the commitment
too vague, as It did not set up that any property
depending on bet wager. Decision was re-
served
William II. Willis is owner Of bonds on an old mort
gage Of the New York, Erie and Buffalo Railroad The
railroad leased to the Erie Railway, and new
mortgage issued which absorbed greater part OF the
old bonds Willis having Of the bonds not so
absorbed has brought suit against the Buffalo and Erie
Company to foreclose the old mortgage. He makes
motion to strike out some of the defendants In
the original SUIT, The ground that their judgment
had been pad. Judge Davis yesterday granted tie
tion.
People VINO have been Housekeeping and then gone
to boarding meantime storing their furniture, need
have fears that the Sheriff away with their
household gods decision given by Judge Leow
an appeal taken ~ the SUIT q Mary f. Cantrel against
the Sheriff to the Common Pleas, General Term de-
clarcs that such goods exempt from seizure under
execution the If being used in housekeeping
The Common Pleas General Term, has decided that
the decision Of the Court Of Appeals declaring void the
act permitting the transfer Of suits from the higher
TO the Marine Court, II either party objects,
does not apply 70 cases where both parties
the transfer but that the Marine Court such cases
has complete jurisdiction.
IN tho case OF the United States against the local
agents of tie York Street Spinning Mis- Of Belfast,
Ireland 70 recover $1,000 IN gold alleged under
valuation oil imports, further hearing took place
yesterday in tho United States District Court before
Judge Biatchford AT the close Of the the jury,
BY direction Of the Judge rendered ayerdlct for the
York street Flax spinning Company Of Belfast, and
their representatives IN this country
the SUIT Of Eugene a. Heath against John +. HUB
bell for sander, IN which verdict was given in the
Marine Court tor 81 900 IN favor o Heath the Common
Pleas General Term, hold that the verdict was exces-
glve and ordered a new trial Heath was witness at
the trial 81 Harrington and IngersOll, and Hubbell in
commenting on his testimony Il Is alleged, pronounced
hn liar and perjurer, and hence Tho slander suit
The suit oi The People against Henry Starkweather
decided 10 The SPECIAL Term of the Superior Court
yesterday BY Judge Freedman Defendant was Col
lcctor Of Assessments IL 1858 and collected large
amounts deduCtng commission Of two and half per
cent which he alleged TO be his compensation. The city
sued starkweathcr Tor $1,000 alleged 70 be illegally
withheld. Starkweathcr died ia july last and motion
granted yesterday 70 revive thesut against Lucinda
Starkweather, administrative
The suit OF Jarvis Co. briggs co. to recover
81 700 80, two quarters Of warehouse at Pearl
ana South streets Vas commenced Yesterday IN tho
Common Pleas before Judge Loew The premises we're
held on lease ana defendants alege there clause
allowing them 70 surrender any portion they would
have for. While defendants In possession
portion OF the building el and the tenants claim that
they had surrendered that portion oi the premises
under the clause, but the plaintiffs claim otherwise and
obtained uispossessloh Judgment Defendants, In the
present suit set W their surrender the Court held
that the dspossesslon order bar 10 such Defence
and gave judgment FOR plaintiffs
The SUIT Of Philip Cassweil, Jr against Henry w.
Genet argued yesterday the Special Term Of the
Common Pleas before Judge Larremore Plaintiff got
Judgment $500 ia against the propery IL Genet on
tie OF l2Gh street and Second avenue Before this
the property had been attached BY sheriff Bren-
nan on a judgment Tor $1,000 and execution was
served the present sheriff who sold the property IN
July, 1875, TO oliver Charicks executors for SIS 600
The present proceeding Is TO compel sheriff Conner to
apply part OF the sale money 70 the satisfaction OF Cass
wells judgment Judge Larremore holds that the
prior execution being issued 20 sheriff Brennan he
should execute H. and that Sheriff Conner should not
be compelled TO pay money tho Court on an
ton not directed q him and which he never received.
The application was denied.
Herman Schroeder and his wife are charged with
burning with hot knife The backs OF the hands Of
their child Charles, lad about eight years fage Her
man as alleged holding the child and tho wife doing the
burning The Society for the Prevention OF Cruelty to
Children got wind q the affair aud yesterday there
quite lengthy examination, by order OF Judge Davis,
In Supreme Court, Chambers Mr.. H. r Gerry
Quoted the examination tho part Of the society and
Mr. r. T. Bixby looked after the interests of the de-
fendants Several witnesses examined but their
evidence was mainly Of mefical character, going
show the nature Of the burns inflicted and their possible
effect the boy The parents claim that they burned
the hands Of Charley 70 punish HIM because he burned
the hands OF his little brother. This statement how
ever is stoutly denied by Charley. The affair is de-
clared to be "burnng shamen aud will undergo
thorough investigation, the examination not having yet
been concluded
An important decision the responsibility Of tele-
graph companies for failure 20 transmit message has
Just been rendered in the General Term Of the Com.
mon Pleas the prevailing opinions being written by
Chief Justice DAILY and Judge Larromorc, but with a
dissenting opinion by Judge J. I. Daily Phineas ".
Sprague sent through the Western Union Telegraph
Company a message 10 Buffalo asking the postpone.