The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-06
DECISIONS.


McCredie va Mcknight Motion to compel the
purchaser 10 complete ais purchase granted, with
out costs order 10 be SCI tied on TWO days notice.
In the matter OF Lederer.-Report OF referee
PnnadeIphia and Reading Coal and Iron Com
pany va Tue Excelsior kanu arturlng COMPANY
Cause advanced on calendar and set down Tor tae
10Th Of May, 1875. No costs OF motion.
Dlefenback VS.. HetZeL-Ihe default In this case
is opened on the terms stated IN memorandum.
TerwllngeT vs. Corcoran.-Motl0n 10 change
place OF trIal denied. with $40 costs.
Levy W.. Glnett.-MotIOn denleo, with costs. 80
Howard, $50.
Briggs vs. Lien ct al-Granted
Mcmahon vs.. decentralization denied, with
Herrlck vs. Herrick-Moiion granted and cause
placed on Special Circuit calendar for the third
BY Judge Barrett
Moran vs. Polllon et al. Davidson vs.. Auaro.-
Motions denied, with $40 COSTS.
The Skin National Bank vs.. the Chicago and
Alton Railroad Company.-Motion for additional
Sporting vs. Price.-Motion granted: $40 costs
to defendant, TO ABIDE the event.
Crow vs. Merrltt.-MOtlon granted and deraulb
opened on payment OF $40 term Zee, the discourse
ments on the inquest, and $40 costs OF opposing
tails moton, the judgment 10 stand as security,
Woodward vs.. Compton, Motion denied, but.
q. the question was new, witaont eosts; .,o,
TO vacate the precept, or 10 release the goods
from The levy tnereuuder, must be denied, BAT All
further proceedings under SAID precept must De
stayed until the decisC a oil the General Term, or
the appeal from the order OF March 81, provided
the present May General Term.
Butter VS.. Wehle.-rnere Is nothing in these
papers TO snow mat the controversy IS at an end,
or that the plainun has sought 10 discontinue
Inc motion must De denied, with leave 10 renew
on further papers.
plaintiff stlpulates TO refer the action and permit
the taking OF the testimony OF the defendants and
their Witnesses at Saratoga springs, $40 costs
to abide the event; order 10 re settled on two
days notice, to or by Mr.. Shoudey.
Ledgerwood vs.. Mars. Il douot the property OF
ha
tuition oil COMPLAINT, especially IN view oil Mr..
Clark's aldavit that II IL incorrect. But upon the
clause OF the notice oil motion asking general re-
lief think the defendant Is entitled 10 an order
requiring the complaint TO oe MED within gwen
doned. II that Is insurl Client, because Of the
counterclaim. the difficulty must be settled IN
Liyermore va. Wright.-Mr Ben accounts for the
large judgment, but no explanation or denial -
made as 10 the others Is - plain, therefore that
the situation oil the parties has changed since the
stipulation was given. The stil ulatlUn was wholly
without consideration, and. In view OF all me
facts IL would De lnequitable TO hold the attorney
to IL any longer. The motlon to be relieved rom
such stipulation must therefore, De granted.
Foster Va. NicnolBon.-Ihe plalntln must fur-
nisn further bill oil particulars, giving hue dates
on or about or between when each Item OF SER
wee in the present bll except the eleventh: also
the names OF the counsel VINO are said IN the third
ana min items 10 nave been consulted; In other
respects the motion Is Denied $lO costs, 10 ABIDE
the event.
Blake VS.. The International Life Insurance and
Trust Company.-N0n residence al the time or the
TO and not denied, and the ceniai OF present non
residence IL not by the plaintiff and u merely
upon the Information and DeneI oil his attorney.
Motion granted In $500.
shea vs. Sbea.-Ine order for the examination
OF the defendant before a referee rs vacated, and
the motion ior leave 10 lnterpose supplemental
answer IL granted upon payment OF $40 costs.
voce ". Cowdrey.-Motlon granted upon pay
ment vi $40 costs OF opposing the motion.
Nelson vs.. Swmg.-An adjusted DILL Of costs Is
presented the court WIN a notice or motion for
readJustmenL TINS raises no question aud not
even informs the Court OF what TOOK place before
the CLERK. The motion must nc denied, with $40
costs.
Myers vs.. Bunmeyer.-rne allegation OF notice
being denied tile attorney can only pursue the de-
fendent for the amount Of the taxed costs al TO
which there was record notice. The motion must,
therefore, be grained 10 ine extent Indicated.
with tl0 costs. unless the defendant within ave
DAYS pay 20 attorney So 81 and also $40 costs Of
Ihts motion.
Putnam VS.. Nye.-The statute embraces all
controversies between citizens VI different states ,
that Is. controversles IN general as distinguished
from special controversies between citizens OF the
land nom dlrerent states. There is 4 rest In the
sentence section p alter each subject OF Jurisdlc
ton, and am OF the opinion that II was the In
teuLlon OF Congress 20 exnaust the constitutional
power, except as 10 tue pecunIary Limitation. The
motion must be granted.
Dawes VS.. Board OF Assessors, &c. CoeRrove
Va. same; syter vs.. Same; Yelverton vs.. same
orders settled as presented Oy she REALTORS.
Muller W.. Grautz, Ell al.-fhe Injunction must
be connned to Intimidation. nodded accordingly,
aud as modified continued. there Is direct
auIhorisy for tnis In Sprngnead S Co. vs. Riley
o, l. X. lEgssl SOL, which was not cited upon the
argument. The defendants, II Is true, deny that
threats have been resorted to, but the denial 10
general and the incidents narrated by the plain
tinis Witnesses amounting IN my judgments, II
true, to Intimidation, are not specially noticed.
BeslCes the continuation Of the injunction Ia
this modified form III al the hearing cannot lnJuTe
the defendants their dIsavoTai OF threats We
sincere.
SUPERIOR coURT-CTRCUTT-PART s.
Nv Judge Van Worst
Mayer Va The MAYOR, 6c.-COmplaint- dis
missed.
sheridan VI. The mayor, &c.-The papers show
that the close OF the trial. after the veruct was
received, tue plalntln moved for new trial on
the minutes, wnlcn was denied. That ~ the deci-
sion ~ thls application. The plalnLn's remedy Is
~ appeal irOm the FORMER order.
SUPERIOR cOURT-sPEcIAL TERM.
by Judge Van Worst.
Brnmlen vs.. Jessup e. al.-Notlce OF this appllca-
ton should be served on tue defendant person
ally.
Alexander VI. Bennett.-Conmission ordered.
siaoe ct al ". Diggles ct aL-Judgment Tor
plaInti1s on demurrer.
Cayliss e. al. Va. IAtch9eld ct al-Order granted.
Bertrand vs.. CarL-DeIe ndant ORDERED 10 de-
liver Dond 70 receiver.
BY chief Justice Mcneil.
Ma6an vs.. Covert et al.-Case and amendments
submitted Tor settlement. DO not comply with
rule, and are returned 70 Special Term clerk.