The New York herald., 1876-12-22
DECISIONS.
SUPREME CoUET-cHAMBEns.

BY Judge Brady.
The People ex rel Flint Va Connor; Slocovch vs.
Rugcr; Moulton Ecechcr Contostav alas Bcvens;
Gregory vs. Hopper lienman vs.. Stewart, Hart vs..
Chase Horton, SC, vs.. Dumont--Scc opinions
Brush &c, vs. schuster, ct aL-Grantcd.
Matter oil Dickic.--Wi SOC counsel
Burche vs. Rincr, Ct aL-ordcr to be settled on
simon VS.. Simon Cochran VS.. Hamilton. Orders
granted.
Newman Dickson North River Insurance
Company Fitzgerald; BruT VS. Security Insurance
Company; Williams vs.. aghi--Ordcrs granted.
Campbell VS. o'Neili and otners-MotIon denied
with $40 costs
Perforated Block Pavement Company Steers
Motion granted on terms as specified in memorandum.
klaubcr vs.. Glascr Motion dcned with $40 costs,
to abide event OF action.
Klaupcr vs.. Giascr Motion granted, pleading to DO
forthwith amended ana answer OF Monroe TO he served
within nvc days and no to take short notice of trial
for January term present issues and notice OF trial TO
.Dazian VI. Mansbach. Motion denied. without
and without prejudice to It's renewal Il tho causc
be not noticed and put upon the calendar within
thirty days
Brandt vs occhsier There was nothing difficult or
extraordinary THIS case (uncss II be Inc difficulty
pla ntn had IN nndng out TINT the church
poratcd) rhe motion is denied, put without costs.
Eliinghausen W. Lcask.-li the marshal returned
the summons, defendant not found, at any time after
the lapse OF the time within which IL could be lawfully
served. the plaintiff on demand, was entitled TO an
alias summons without waiting till the return day
named IN the summons The demurrer Is, therefore,
well taken and the rcator IS entitled to pcrcmpiory
mandarlus. Ii Is, however. too late 10 be OF any
practical value to HIM far relates to the ssu-
ing OF the mandamus. kelator is entitled 10 costs.
Herman VS.. Merscan --Motisn 10 continue inIunc-
ton order granted condition that paintin, within
days alter cptry o the order hercon dclendans
attorney consent 10 refer this action and tho issues
tbcrcnt to William Watson, sole referee, hear try
and determine same and that the trial thereof may
proceed before said referee on three days notice ami
from day day I'll completed; but, failure to serve
such consent, motion denied. with $40 costs III such
consent be served the injunction to continue TILL the
trial and decision OF the ana $40 OF this
ton abide the event, be taxed 10 the successful
party.
Adjustable Folding Chair Company Marks-rbe
mol.o must be denied The alleged written agreement
was never consuminacd The letters OF defendant and
the othcr documents show that they against sell
Ing for plaintiff and bound 10 proceeds. The ai.
davis pla nuns part prepondcratc the contested
auestiops o fact. The motion is denied, with $40 costs,
but may be renewed further papers " defendant
shall Ue So ADVISED.
oakley VS. Merriam II think the liability OF deiend
ant should be first established by trial Special Term,
and then The Court concludes that accounting is
necessary will. its discretion, refer the for
that purpose. Notion denied, without COSTS
SUPERIOR coURT-spEcIAL TERM.
BY Judge Van Worst
Knowlson VS.. Belts aud others-Judgment for
plaintiff. Opinion.