The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-21
DECISIONS.
SUPREME coURr-cHAMBEns.

SUPREME CoURT-CHAMBERs.
BY Judge Barrett
Bright va Tho Milwaukee ana 81 Paul Railroad Com
pany ct -Paintin's petition and order 10 show cause
dismissed and order made granting defendants an
allowances as n condition OF discontinue,
Smell vs. VictncyThc Sheriff. OF Kings county u en-
titled 10 be heard on this application.
Matter of Mary Josephine wade-Report confirmed
ana o,asr VIII DC wnsn me
Miller w Frost--Alihoush there was default IN
this case must deny this motion, as rom an .nspec-
ton OF tho plcadngs the can be tried within an
hour
Crosse We Crossc.-Rcport confirmed and judgment
OF divorce granted Custody Of the child awarded 70
the plaintiff
Banckcr VS. Martin-Thc temporary injunction must
restrain the ordinary retail trade o.! the store y
should be limited to the lease, good VIII, fixtures ana
stock, &C. held or in excess OF what is usually sold al
retail In such a store
Crucb VS. DISQUALIFICATION was ordered Novcm-
Der Is 1874 II made In the Register November I'D,
hut deposit was not made until November 20, nor
publication IN the World until January - is,e me :,
proceed do novo. Application to confirm and judgment
denied.
bill OF particulars, Tor specification OF damages
All that be lief, TO be proved upon the trial and
the plaintiff ought not TO DO limited ia advance o. my
specified items. The motion must be denied, Win DIV
costs.
Huntoon va Carp-ll Abb, r. II. IN; 81, AIS, does
not hold that the undertaking gwen the attachment
should deprive the defendant on the statutory bond,
especially where as here It is averrcd such under'ak
ing III Insufficient Motion granted with SO costs
Matter oil Kingsbridge Road-Report confirmed and
order for payment made.
Halbcrt VS. starbuck. Complaint dismissed for want
Cowcn IS McCunn ct al The defendants being sole
and cxecutrix tho motion TO advance cause
must be granted
Ross VS. Scnor.-The service by mail was irregular.
II proceeding IN action where the defend
ant had appeared In person, and, consequently section
40 OF the Code Is inapplicabe. II was direct pro-
ccedng against the judgment debtor and should have
been served personally quite as much as the original
supplementary order. The motion 10 vacate must be
granted but without costs.
Levi and another vs. Hardng.-Thc prcponderance
OF evidence is OF the representations having
been made Harding testimony Is entitled 10 but ht-
tic credit in view OF his concssedly fraudulent transfer
to Mrs Callahan, ana Levi Is confirmed by Harding's
silence when accused by Bullowa Of having made the
represent atoms (which is testified TO by Grove) But
the arrest must be held the ground also Of fraudu
iul OF being pressed by the plaintiff for honest debt
turned all their goods and assets to Mrs Callahan
for debt OF 1915 due her by ono Of the members OF the
FIRM This is what Harding calls her being the largest
creditor of the rm. The transfer was fraud and the
motion must be denied, with $40 costs.
Potter COulter.-Referred to Hon. William Mitch
ell to take proof to the facts stated In the atdavs
upon both sides and to report with his opinion.
Kelly vs. cannot say INA, the ,'oh
effects, and, II so, II makes ont a strong case
for change. Upon the whole, the motion ought to
be granted upon condition that tho defendant stpu-
lates within ten days to permit the testimony OF the
witnesses named IN plaintiffs papers TO be taken IN
Chambers here with the like effect ms II taken condi-
tionalIy but their dispositions so taken be read upon
the trial without objection except as 10 substance OF
the testimony $40 costs to abide the event.
Pool VS.. STANDARDIZATION granted for first Friday IN
May.
fomnson vs. Representation granted for first
Monday OF May.
The Mavor &c. vs. Stafford Application denied.
Lawrence vs.. Organ ct al--Moton granted.
M'llbank vs. McGinnis ct al-Report confirmed and
order made
SUPREME CoURT--CIRCUIT-PART 2
By Judge Lawrence.
Hauck VS.. Craighead ct al-Case settled.
SUPREME CoURT-sPEcIAL TERM.
BY Judge Van Brunt
Williamson VS.. Mason.-The plaintiffs attorney must
examine the defendants proposed findings, and indi
cate which Of them they concedc 10 be established
by the evidence, and which they dispute and, also
furnish me a copy OF the findings already made Tho
case upon the plaintiffs appeal is settled
BY Judge Van Worst.
Feels VS.. Otard, ct al Bell VS. Herman ct al.-De
crecs signed.
SUPERIOR coURT-spECIAL TERM.
by Judge Spcir
Cothrane ct al, VS.. The Hanover National
Bank-ordcr removing action to United States Circuit
Matter Of tho petition OF Harden, &c-Rcfcrcc's
port confirmed and mortgage discharged OF record.
Black VS.. Doopg ct aI-Judgment OF foreclosure
and sale ordered.
Euias Hoops. Motion denied.
Towle VS. Ren,sen ct al-Order denying motion for
allowance.
Menirad Carger vs. Elizabeth carigcr.-Judgment of
divorce in favor of plaintiff.
Gwynnc vs. Beldcn: Keep ct al VS.. Bclden; Niles VS..
I.ockhart ct al The Anthracite Insurance Company
vs. Hubbell; Walker vs. lsaacs Winant vs. Cartier;
Gilbert vs. Hill; lbbotson King Morgan VS.. The
Merchants Mutual Insurance Company.-Ordcrs
granted.
MARINE CoURT-CHAMDERs.
BY Judge McAdam.
Post vs. Arnoh.-Moton granted rs per order nlod
Lewis VS.. DAVIS -Motion granted without costs
Howell VS. welsh.-Moiion granted.
Phicn VS.. Grccn.-Hali Bell appointed receiver.
Cawcll VS.. Ferguson. Motion denied
wightman VS. Dunham.-Motion TO vacafe Judge
Goepp's order denied. The motion to advance cause
granted
wilks VS.. Becchcr-Thc order already entered is to
stand
Bcldcn IS ostcrhondt Motion granted on defend
ant conscntng 10 try issue April -, 1876, in Part
Scnlacpcr VS. Pcnney.-0rdcr for arrest vacated on
stipulating not TO sue.
Rcdncld vs. Observation-Disclosures ordered
Hamilton Toblcr Receiver appointed.
The Traiesmen's National Bank VS.. Ricc.--Moton TO
override demurrer granted.
kirkpatrick vs. Noah; Diebhed vs. Totans; Nichols
VS.. Voorhees, Peisser IS. Iaudcnsky.Mo granted