The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-27

notice Of protest So he bad but neither his answer
the statute Of 1865 exempted The parties 10 note
from the necessity Of exercising due diligence in
notifying tie Others, when the notary has not
directly mailed tho notice TO all the par
ties. William Mes' notice mot sent to
him. but was enclosed In that sent to Rogers and he
was entitled under all the decisions rs
early as the 9th In po:n, o. fact no received on tho
9Th Motion for new trial IS Denied with costs.
Curry Cullipp ct a.-rhe demurrer IS well
taken. FrstIhc complaint tails 10 show title in the
plaintiff To the bond IN suit. Sccond-As to The ncrs
atlaw Of Reuben Cudiipp, the complaint fatally de-
fecve in stating that the general assets Of Reuben
cudl,pp insufficient 10 pay ant discharge the
bond G, Il s.. page 49, 33.) Nor does II appear
that real estate other property has descended or
been devised such heirs. K $. page ,s9 81
The defendants must have judgment upon The dcmur-
rer with leave To the planln 10 amend payment Of
costs. But bill o: costs allowed. tBucxing VS.
Je~cfi. IL Barb, 5e01
Encas VS. Harmon "a. tho close Of Tho trial a mo-
tlon made Justices minutes for ncw trial on
these grounds-rhat the verdict was on insufficient
cvdcncr against he weight OF cdcnce, and that the
DAMAGES excessive Sre cnsc. D. 22G The
ton was denied, aud ths defendants excepted Tho
notice Of motion trial is based upon The
and csccpnns and upon an The proceedings 10 The
action. There is no claim Tint the defendant was
surprised that there Is newly discovered evidence
II there any error committed upon tho trial,
ciihor the rulings or N the charge the error can
bc corrected upon appeal The grounds which the
counsel fur tho defendant argued thus motion were
ali disposed Of adversely his view aud cxcep
ton taken The decision ~ that motion the lie.
cissop also be reviewed by The General Term Tho
case was submitted 10 tue Jury on he facts and ~
there is evidence sustain their unwill-
ing TO interfere. Motion dcned with costs
SUPERIOR corET-spEcIsI. TERM.
~ Judge scdgwck
The First National Bank OF Norwich vs. Howard
Memorandum for counsel
COMMON PLEAs--aESERAL TERN.
Before Chic! Justice &. r. DAILY Judges Robinson, r.
Daily Van Hocscn and Van Brunt
Dcviin vs.. The Mayor. 6c--Oricr reversed with
costs and ordered be placed general calen-
dar Tor trial without prejudice 10 any motion 10 be
msdc by painiins Tor reference opinion BY Chief
Justice e. Il. DAILY and Judge Robinson.
Weber w Sscho. Judgment reversed, now trial
ordered with costs TO abide The event OPINION by
Judge Robinson.
flanagan W. The New York Gaslght Company -
Judgment reversed. trial ordered. with COSTS 10
abide The event. OPINION by Jungc Robinson, Chief
Justice D,ly dissenting.
Thcale vs. sicuz Leave given plaintiff 10 90 10
Court OF Appeals. OPINION by Judge Robinson.
Taskcr Wallace. kearguineni. Opinion by
Judges Robinson and e. T. Daily.
Suzbacher vs.. nck,e Judgment reversed.
trial ordered with costs 10 aDiue the event OPINION
by JUDGES q r. Daily and Robinson.
Tue People vs.. smyrna. Motion to vacatc Judgment
MS forfeited rccognizancc denied. Opinion py judge
Van RrunL
stanton vs. Murphs. Judgment affirmed Opinion
By Judge Van Brunf.
sanxay ". HamcL--.ludrment reversed. new trial
ordered. costs abide event Opinion by Judge Van
Hocscn, Chicf Justice DAILY dissenting
Geyer W. Braun. Judgment reversed Opinion bv