The New York herald., 1876-10-17
RoIl~.s.n '. Koll~.san Motion for ezn. allow


Robins, Jr., vs.. GouId-I have no doubt that this
case . difficult and extraordinary within tho
meaning OF the code II the issues were nj all simi-
lar to those Taylor against defendants dried
and fact were numerous. delicate and eomrcated IL
certainly ordinary action for breach OF con-
Sherman's affidavit Ii Iairy entitled to moderate
allowance, aud think that considering the amount
nvoved and the labor and expense stated $500 would
Rice vs. Rico-Motlon 20 vacatc order Of August 22
1876, or reopen The proceedings Denied with $40
The stay OF plaintiffs proceedings contained In
said order reinssated and the stay OF defendants
proceedings contained in she order show upon
which this motion was made Is vacated.
Rogers vs. waiker-Molion granted.
Ogden vs.. Mlcr.-rho substantial averments AZ to
the frauds are stated upon Information and belief AZ
10 these; there must be proof
Hunoon VS.. Huntoon. n.-Rcferred to Charles H.
Hildrch. ESQ., TO take proof as TO defendants prop
opinion what would be = proper sum to be
allowed for counsel lee and alimony pendene lite.
Motion to be brought up again two days notice
upon the coming in OF the report
Goodenough vs.. De Grooi-Motion granted, report
confirmed and an extra allowance OF $50 awarded ~
defendant.
Guliiver Va Junes.-Mot:on granted and cause
ferred TO Philo T. Rusgss, ESQ, TO hcar and deter
Ocean National Bank vs. walbridge granted
upon payment oil $40 costs.
Porrtt vs. PickhardI Il am satisfied that the secu-
rites justify before justice Of the court in the
county which the action Ia pending or county
Judge OF such county, and see no way OF helping the
with $40 costa
Kidd VS. Packard Case and amendments settled;
the strictly in accordance with the stcnogra-
piers notes, and ,he amendments arc disailowcd.
James Simon son.-Relcrred 10 Charles II. Hill
dre,n ESQ., 20 aks p,S1 ,op e ,sn s IN ne
The motion be brought upon Two days notice upon
the coming In OF the report
the time was irregular after such time had been fxeu
by the Court motion. Further time could only be
obtained motion, and not by an ex parts judges
order out OF court Notion granted without COSTS
TAR as to vacatc the order extending the time
Bently vs. Schulhof Referred to Philo T. Rugglcs.
ESQ to take proof Of the stated the papers on
both SIDES and TO report with his opinion The motion
be brought on TWO days notice upon the coming
prior Va AREN'T SEQ no reason why Mr. Thomp-
son should be deprived Of hts COSTS He was forced TO
defend, and no outside arrangement payment of
interest his mortgage affected his position IN this
SUIT He justified in bringing tho cause on, as his
costs we're not rendered That was the only way he
had OF forcing payment which he entitled Ao-
ton Denied with $40 costs.
Tuthil VS.. Gatty.-Order settled
Alley VS.. Irving National Bank.-Motiou to continue
injunction denied and temporary injunction dissolved
with $40 costs.
Grassmuch Richards.-The third person claiming
an Offset substantially denied part OF the deend
under section 800. Such debt can only be recovered
by aclon by u receiver. The plaintiff IS entitled 10
inuncton until sufficient opportunity is given TO the
receiver TO commence an action. The other question
discussed can also bc better determined on such an
action.
Erhardt W. sanborn-Ths is not to be treated a. an
ordinary default but as judgment in IN action on
award. The deiendan: executed the submission, and
represented before the arbitration II the extent Of
the award the result Of an inadequate presenta
tion oil his he must look to his attorney as bo
tween himself ard the plaintiff Tho award Is binding
were IL q matter OF discretion. However | must say
that tho defendants aihdavit is overwhelmingly dis
proved in its important statements, and that the
opposing adsvits place the defendant before the Court
in q most uniavorabe light The motion must be
Jaegers vs. Wuistoln. The injunction must bc con-
tnucd until the can be properly tried at the
Special Term; $40 costs 10 abide The event
Smith Benton-Extra allowance OF $500 TO plain
tins attorney, and q iiko sum TO Messra Puchard,
In The matter Of Mschado, &c.-Mr Elliot +. shep-
pard is appointed trustee. The order Will contain no
special provision such AZ is suggested by Mr. Shaw,
but It's form as TO security, &C., may be settled ON one
Spratt vs. Crawford--The confession is bad. 1t is
that the board furnished at defendants
request Tho remainder Is ncoherent IL does not
appear how much Is due or how much contingent nor
stated sha. the % deb. is justly due As to amending,
the party has taken the trouble then to lille an ALL
davtt Motion granted, with $40 costs
SUPREME couRr-sPEcIAL TnnM.
BY Judge Lawrence
Berinser VS.. schaeier-Alowance Of 81 900 granted
LAfond and others Va Deems and otherA-Nemoran-
dunn for counsel
SUPREME CoURr-c1RcuTr-PART 8.
BY Judge Lawrence.
Aullor W. Tho Mayor, &c.-Mcmorandum for coun-
sci on setting order See order as settled
euPERIoB coURr-sPECIAL TERM.
By Chief Justice Curtis
Harding Va Hardng-Causes referred back to referee
Pursey vs. Orncoco Navigation Compauy.-Judgment
and execution vacated payment Of plaintiff costs,
Kcserchsn Va wbitng. on special calendar
for October "a
wyckoG VS. O'Conner.-0rder granting loavo 10
reply.
COMMON PLEAs-EQUTTY TERM.
BY Judge Robinson.
Delebar va Knickerbocker Life Insurance Com
pany.-Aoton granted See memorandum.
MARINE coURr-cHAMBERs.
By Chief Justice Shea
Ellis vs. Cock; Knapp vs. O'Donoughue; Chase W.
O'Donoughue. .-Mouons granted.
Goetchki,s va Bears: Bader Va MItzseherlJng;
Zincke va Ulzhcimer; The Real Estate Trust Company
". Roster; Phillip va Gallagher; National Bank
ysrsennos w. w1,er,dss; c Murray Aill Bank vs.
Itch Zimmerman; Cromley va The Knckerbocker
Lilo Insurance Company; Turner VS. Dakin; Todd vs.
orders granted.
williams vs.. Duryes The taxation as made is
Hoyt vs.. Gof.-Motion denied No COSTS
Frank vs. 0fenstsin: Heyou va Miller; Marder W.
Lachman.-Motions denied.
BY Judge McAdam.
Klein va Schrunberg Tho motion to vacate the
order TO arrest will be denied upon conditions that
plaintiff serve his complaint this day. the defendant
his answer on the 11th and case retired 18th
inst nrst casc In Part wit hout notice OF trial. &C.
GENERAL SESSIONS-PART l.
Before Judge Sutherland
ANOTHER MuRDERER ARRAIoNED
Daniel Bovine placed trial yesterday, As
sisant District Attorney Rollins prosecuting or mur
der the second degree, In the killing OF Margaret
seabourg the night OF September H. At thor rosI-
doncc No 20 Gansevoort street. The deceased lived
with Bovine aud his wife, Of whom she was a distant
relative and, the prisoner in the habit Of got
ting drunk, they had cat and dog life Of It,
On the night Of the murder ocer Jewell patroling
the street rear the house OF the prisoner, whom ho
heara cries Of '.murder." Opening tho Stats of tho
window blinds he peered In and saw the deceased
woman lying upon the window sill, and in the room
were the prisoner and his wife. After threatening to
break In she door II 10 opened the ofcer
admitted by Bovine, who stated that his wife
drunk and asked tho policeman to arrest her. The