The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-02
DECISIONS.
SUPREME CoURT-CHAMBERs.


SUPREME CoURr-CHAAIBERs.
BY judge Lawrence.
Waters We. Crawiotd.-Mot.on granted, with
Tue motion 70 yacate the order or arrest denied,
win costs.
Loeb vs. wnhams-lhe nnal decree In this case
having been apl roved and signed BY another
Justice OF thls Court, cannot entertain the mo-
lien Tor an allowance woicn IS now made.
Rotnschild vs. Gross.-Motiop Iur leave 10 amend
complaint IS granted. Without costs.
Runkel w. Connor-NotIon 70 vacate the order
OF Justice Barrett Is denied. without costs.
Sp0nord vs.. Samana Bay company. The mo-
tlon Is 10 strike out certain porilous OF the de-
The answer was served In July 1874 and II is
lected to on the part Of the defendant thar as.
under Rule 49, suca motion must be made within
twenty days ii ON the service or The pleading and
Defoie demurring or answering thereto, inc mo.
tlon IN tao late. Inc rule IS explicit on tns
point, and cAnnot disregard IL Motion denied.
Berkeley vs.. 0rtel-Motlon TO vacate attach
ment Is denied, with costs see Aobt, ga: 10
dow, "; ADoi., IS; II How., 504i IL Abor.
In the matter OF the recevership OF the AmerI-
can DIAMOND Drill COMPANY, 1 am unwilling 10
poses the motion. witnour savino something
before me Other than the mere anidayit ~ tue
James A. Beal Esq. 70 take p ooi n tue facts
ana circumstances stated IN Inc arfidayffs and
10 report Inc same with ms opinion thereon to
Inc Mayor, &C. vs. Tenth National Bank.-order
As resettled.
tie order M CHS or the reason tnat after
me papers were submitted some appeared
rers or afidavits or 70 be heard. Having heard
nothing further IN regard 10 the matter have
Knignt vs. Maioney.-I desire the counsel for
Mlcnsel J. Maloney 10 ne arI ten points stating
wherein his client mas been oyercharged, ana the
counsel opposed 70 reply 10 sucI points, 70 be
nled WITHIN ei2nt Gays from tnls date
Parlsen vs.. larisen.-Order granted.
In the matter Of Besani.-l deny this motion on
two grounds:-flrst-i 90 no think nave tue
power 70 interfere with the discretion vested
In the executor ~ the viii. particularly As !
cannot IND IN the papers presented that the
executor ls acting mAa nde. Mason vs. jones'
Ldwards' On. r., 497. Second-lt seems % that
the application snou'd navr been made on
complaint 10 an actlOn brought 70 obtain tne
rellef now asked Tor aud now ia petition. see ~
N. u, 460; 20 Howe r. ~, S3s Motion denied but,
under toe circumstances, without costs.
10 the matter o. Hayes.-In lbis case q man
damus u asked for Commanding the Surrogate
enforce an order hereto ore made oy DIM Ia refer
ence 70 an accounting. IL Il alleged that the
ADMINISTRATIVE mas oeen guilty Of contempt IN
refusing 10 comply VITA the SurrOgAte's order,
and tais court 4 called upon 10 compel the surro
gaze TO unaerrate the power and digEitT OF MS
court. There may be piecedenis Tor such an
Apphcaton, Out none nave besn submitted ~ the
counsel appiyin~ ior the writ, and know u none.
Application reused.
Saxon ". Melz.-ln this case IL Is quite evident
ttat the vigilance Of the piaintIn's attorney
secured the payment o. tue judgment. and
would most wlnngIy grant costs Il | thought
had the power. but II seems 10 me that, ~ accept
in9 the amount rendered, the attorney waived
the previous default, and mat by not applying 10
the proceedings to come to al end and that my
power y Tue matter nad ceased. Toe motion l.,
therefore. denied.
10 the matter Of Piatt.-Granted.
Bank OF NOrtA America We. Flushing Railroad
Compang RUS = nafd case, Dut a. of the
toe reference was concluded and without
making report, tAe de.enuanr = no. obliged 70
Lay the ices when had accrued up the time or
TIE referees death. The ieierse might have De-
manded ms lees from day - day. Not having
done 80 be must Dc deemed a. nave waived his
light 70 them unui final determination Of the
case, aud ne dled before that was reacned. TIE
parties we're. therefore. compelled 70 proceed de
hovo. Tue costs must De re4oJusted by ssriRlng
cot lees allowed 10 Former referee.
Tying vs.. Toe United states submarine ana Tor
pedo Boat Compary.-Thls motion Il acnleo on
tnese grOuuds.- FIRST, he m0fiUn III rellel the
Rround Of lmufoper conduct ~ par.faltty on the
part 81 the referee nas ueen once heard aud de-
bie0 second. ~ All the am. avis Dre-ente1
" the oeinon mat the cnar<e Of 30 ii4ilfy VI I'm
proper conduct - utterly without Undaslon
tHrd, the pialntln's ani0ayIts a. 70 newly discover
Cd evidence are natly contradictea ana ovsrtnt0wn
Ia view Of the iact that ihe case n4s Teen Ap-
proved ~ tne Court % Appeals / have ~ good
steyers Vi. ateysrs-Report ~ referee confirmed
ana Judgment o. divorce granted 70 pl4intin.
kOi lscnlld V. Gr0ss-MotlOn 70 change place o.
trial - washington county - granted, vita 40
costs.
agnee IN bankruptcy mas leave - pros cute tnis
ACTION and serve complaint thereon should De
denied, and the motion % dismiss tue complains
Ice " a summons on the 18Th Jay 81 December
1s6s. On the I'D the defendant appeared aud de-
handed copy OF tie Complaint Tae defe ndaut
was arrested At TIE time Of ne service OF the
SUMMONS, aud held 10 bail Ia Sl5.vO0 and time 20
serve the com plant Was extended frOm time 70
time up 70 January ~ lsTli stuce taat time there
has been no extension. Tee petitioner was ID.
POINTED assignee on toe l7th day or January, 1874
Two years after the default Ia serving toe
paint mad occurred. bis motion 10 % allowed TO
prosecute tue acton was noticed May ~ 1870 I
deem II sufncent 70 that there have been gross
lacnea DOth on the part u toe plelntlrf ana the
assignee, ana that the motion should not De
grantee. Motion 10 dismiss Il granted,
Frteobera ". FriedberR.-Ihis action 10 for
separation or limited gIvoIce tue ground OF
cruei treatment, &c. The answer denies al toe
allegations contained Ia toe complaint as to sacn
freaiments plalnun moves " refer the case aud
tue NOTION u opposed BY the defendant TINS n0g
being case IA which there has Osen Cefaut,
nor ia wntcn me answer admits the acts stated
In the complain, the Court mas no power 70 order
reference either 70 take testimony or 10 try and
determine the issues. see rule 81 ana cases citad
al foot Of rule, code sections 2T0 and al Motlon
Tor refsfence Is denied
Wemple ". TAe society Of the Church OF the
puntans Inc motion ~ vacate the order Of
March II viii De granted on these c0ndl-
tiopss-First tnat within I'VE days from the entry
81 the order on TINS detlsl0n tie plaintu serves
bail OF particulars 10 compliance WITH the order
made lor that purpose second, tnat oosis 81 TINS
monan ana ne unpaia melton costa fefsrTed 70 ~