The New York herald., 1876-11-03

discharge until ne has served the term required oy law
He was slow IN applying for the original mandam ~,
and cannot include in tho period OF service the timo
that elapsed from his expulsion until his reinstatement
Tho writ s discretionary ANA should bc refused IN such
Az well might ono who had been expelled within
month alter hrs enlistment walt Tor seven years to
procure his reinstatement by legal proceedings and
then ask an honorable discharge the II he had
$40 costs.
action or any part thereof Kings county must
be determined solely by to the averments OF
judgment According 10 these avcrments the defend
ants Britton and Ferguson twho no" move) went out
upon the high there opprcssvey arrested the
paintns servants or caused II 10 be done, ana threat
ened TO continue aid and abet IN such dursss upon
such high No in Kings county Ii averrcd or
complained OIL although the prayer covers such acta
Second, while tho weight OF authority is against the
other proposition based upon .he convenience OF WIT
nesses and the difficulty OF obtaining an impartial trial.
yet there is some authority the ether way Motion
denied, without costs upon the first ground
By Judge Donohue.
Gano ya McCunn. -hoton denied, without COSTS
By Judge Larremorc
Blake vs. ObrighL-Deauit opened on payment OF
costs OF motion and OF the inquest Judgment 10
stand and be placed day calendar and defendants
must sipulatc 10 try when reached.
Perkins vs. Finck Default opened on payment OF
costs Of motion and OF trial Judgment to stand as Sc
curity.
Lisner VS. Gessncr cr--Applcation granted on de-
fendants oler Order to be settled on two days no
tice
In the matter OF opening New avenue, &c-Proof OF
Kennedy VS. Van Wyck.-Moton denied.
Eliot VS. King substitution ordered pay ment Of
or security given Tor the attorneys fees, the amount
thereof to be settled by reference OF disputed order
TO be settled on November ., 1876. at hapass ten
A. NJ.
Spring vs.. West-As against executor allow
ance should be made
Butler vs Bulcr.-Application granted
Goodwin vs. Henrisch granted
SUPREME coURT-sPECIAL TERN.
BY Judge Lawrence.
vAIx n rnoA
Barker, &c., vs. Hon. &c.-Order as settled.
SUPREME COURT. CIRCUIT-PART 2.
BY Judge Lawrence.
Bloomingdae w Seigel; Blandy VS.. Gould and oth-
ers.-Orders settled
SUPERIOR CoURT-sPEcIAL TERM.
BY Chief Justice Curtis
Silva We. The Metropolitan Drug Company.-Let
charge be put case Motion resette case as ned
denied.
The Jaeger Iron Company vs. Phelps-Mo,ion de-
ned with costs 10 abide event.
Naclean VS.. Blossom -Recever's bond approved.
Morris vs. Webb Motion granted and restored
to calendar.
Krogcn Dnllas.-Ordered on day calendar for 9th
Novemb
Jennie Schwartz vs. Peter Schwartz Report Of ref
cree confirmed and judgment OF divorce IN plaintiff 5
favor
MARINE CoURT-CHAMBERs.
By Judge NcAdan.
National State Bank OF Troy vs. Ryan; Samo
McDermott; Maretzki VS.. Papadopoule-Motion
Turner VS.. Schilllng; Muller Goeize; Little vs.
Quimby; Smith CrRzia; Boylan VS.. Houghton
Phelps Jr, va Beckman; kraemer va Zeimer; Meyer
vs.. Stauf; Vankirk vs. Allen; Fisher vs. Brennan; The
French Manufacturing Company VS.. Blascheck; Boyd
VS.. Segar.--Orders granted.
Delamater vs. Burrows. Attachment against judg
ment debtor granted.