The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-04
DECISIONS.
SUPREME coURr-cHAMBERs
BY Judge Donohue.

DOnOhue
Riggs va PurselL-Motion for stay denied
BY Judge Lawrence.
Kormann VS. Falk mo 81 will give an order 10
show cause, but will not appoints receiver without
Kormann vs. FAX mo. 1.-win grant an order to
show cause why receiver should not be appointed
Matter OF Barrie-Mr Barrels affidavit is not verI-
fed Tie trustee cannot be appointed without refer
ence to ascertain
Mellcn VS. Corner will be opened and cause
restored TO the Circuit calendar payment of the
costs before notice OF trial and $40 costs or motion
Matter Of the North American Fire Insurance Com.
pany-Report OF referee confirmed
Hcincman Heard, ct aL-Moton for leave to 1le
a supplemental answer denied, with costs.
Belts vs. Kurst.-Motion for resale OF premises will
be granted the terms stated the consent 1led by
the purchaser otherwise motion Is denied although
the argument was inclined to the opinion that re-
sale OF the premises should not be granted. find
enough stated in the afdavs 10 lead me 10 different
conclusion In justice TO the plaintiff think that
further condition should be inserted In the orderto
wit that there shall be no further application TO resell
even II at the next sale lower should be hidden
than at any OF the former sales Plaintiff should have
Dickinson VS. sparIding-If tho bankruptcy pro-
ceedngs have the effect claimed by the assignee he
should seek his relief In the bankruptcy Court Motion
denied.
Matter Of Lyon VS. Eldridge.--If Mr.. Eldr.dge can
show that Mr. Lyon indebted 10 him In greater
than the amount retained think that in fairness he
should DO allowed show the fact and such is the
structon which should be given TO the order Of May 10
1878 See the inierneaton made by me In tho pro-
posed order on the settlement
Fonda vs. Nelson; Boyd VS. Boyd ct al-Granted.
BY Judge BRADY.
Matter OF Matsell. &c-Iho witness having complied
with the requirements made Of him and thus purged
hts seeming contempt he is relieved from all further
prosecution He does not appear 10 have nteadcd any
disrespect to the Board II would seem as II he
unconscious OF ts power and authority. II Is some
times supposed that these courts OF limited and par
tcular jurisdiction not 10 be treated in all respects
as tribunals; but there Is error in this view. When
this Court Ia satisfied In proper Of any intcn-
tona dsrcspcct OF the authority OF the Board It's pro-
cess will 70 10 the punishment OF the contomptuous
person Proceedings discharged.
spratt vs. King-Moton granted. Memorandum.
Dudley vs. Gould--To continue the receiver as
against Gould would In effect be 70 the njunc
ton which the General Term has declared shall not be
done He right 70 be relieved from all obstacles
In the way OF doing with his stocks what he pleases
He s in other words as " no proceedings had been
resorted 10 By which his rights In the stock at all
affected So far the appointment Of the receiver in
any sense mgates against the exercise OF these rights
IL ust fall and be therefore vacated Ordered accord
| inely order TO be settled on noSice.
Gibbs VS. Rooney-The charges Of fraud are not sus-
tanned II the defendant has any just cause Of com
plant he should establish u At least prlma acia This
he not done The charge OF puroinng papers rests
upon mere suspicion and is wholly unsupported The
charge Of unfaness against tie referee lacks every ee-
ment OF strength II 10 b 30 weak az 70 deserve
censure Courts OF justice always open 70 correct
nauds bai thay 70 pQt aet p"on s'FAW@ substance u