The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-17
THE COURTS.
DECISIONS.
SUPREME coURr-eENERAL TERM.

SUPREME coUgT-GENERAL TERM.
BY Judge Daniels.
Matter OF the petition Of the New York Elevated
Hallway Hallway company.--keport OF Commissioners con
SUPREME coURr-sPEcIAL TERN.
by Judge wcslbrook.
Bentz vs.. Shurbcr. Case settled
SUPERIOR couRr-spEcIAL TERM.
By Judge spcir.
Encas vs.. Hoops Motion to place this cause on the
shor: calendar denied. Memorandum.
Young vs. Langbcin--Same vs.. S,nne.-The motion
that the proceedings In these two actions be stay ed
until the hearing and decision OF case between the
same parties for the object pending IN the SUI
prcme Court OF this district, Is granted conditonay
The General Term having given construction 10 the
VIII involved IN the case, there can oe no good reason
tor conducting three several suits IN different courts TO
attain substantially the Same END farties VIII pre-.
pare orders notice.
Wheeler vs. Ferdon Motion to vacate the order Of
arrest denied.
Matter Of the Petition of Sophia Buddensick. Re
port Of the referee confirmed The evidence n the
case satisfies that the mortgage as matter oi iact
has been paid and that all the matters alleged IN the
petition are lruc II must be discharged Of record I'M
Carter ct al VS.. youngs OF aL-If the Judge making
the order for the service OF papers under the act OF
1896 IS satisfied That the defendant sought 10 DC served
IN tins state and cannot be served and decides anma
lively, the question is adudicala The service Is,
therefore, regular (32 Barb, 1I7)
Neher vs.. McDonough ct aL-A recclver must be ar
pointed in TINS case Order to be settled on motion
Murray vs.. McClarc ct aL--in suit for the lore
closure OF mortgage the owner OF the equity OF re-
dempticn must be made party. The withholding Of
the record Of his deed makes no exception TO the rule
II the fact OF the conveyance be known to the owner OF
the mortgage. Motion granted.
Wilkowsk ct al IS. Brennan ct al.-Case settled ana
ordered on tc
BY Judge Curtis.
Knott VS.. DAILY, &c.-Findlngs signed and filed.
COMMON PLEAS SPECIAL TERM
BY Judge Robinson.
Hennessy VS.. wheclcr-casc and amendments
BY Judge Van Brunt
Kamena VS.. Warner Five per cent allowance to be
divided between the two defendants.
HaIght vs.. Haisht --kctcrces report confirmed.
lie Fcvre VS. Kellogg -Exiru allowance OF $3.50
granted
MARINE coURr-cHAMBERs.
BY Judge McAdam
Diossey vs Youngs. -opinon.
s. A. Woods Machine Company VS.. Stewart-Dis..
missed
Trcnor VS.. soneborn. granted
Morgan VS.. Mckiiiop Motion denied. without
costs.
Grcaccn VS.. Aguire Motion denied.
Collins VS.. Observation-Disclosures report confirmed
Brewster VS. spratL RECEIVERS bond approved
Claim VS.. Reynolds Mcfarland vs. Townsend
Orders granted.
jacobs vs.. Fcter-Bail reduced TO $780,
The state Trust Company vs.. RIch.-Stay vacated.
Goldberg VI. Bagazzl--Motson denied
stuart vs. Wmour Clerks taxation affirmed.
Kenncy vs. Kelly. Motion granted unless plaintiff
pays So costs within ten days
but the $40 objected 10 will be stricken out or the
order No costs.
Reed VS. The Transatlantic Company Findings set
tied.
Hadten VI. Han!on --Costs taxed ut SIS ~
McArdle vs. Lyons; Arkc VS.. Wood. Motions de-
MED as per OPINIONS hed
The Farmers MIX Company W. Raab; Whteegge
VIZ. Thomson Defaults opened on terms
Coin VS. Kuhn Order rs settled.
Miller vs.. Glll--SaIary Is exempt as earnings under
section 291 OF the Codc.