The New York herald., 1876-03-14

dismiss the complaint for the neglect of nonresident
plaintiff To e security Tor after ordered so 10 DO
the power Is discretionary and should not be exercised
In all cases. Under the circumstances disclosed ia this
case will allow the plaintiff ten days further time 10
comply with tho order on payment OF costs OF mouon
otherwise the motion for dismissal will be granted
u Waits Practice, $40, and cases cited)
Anderson Jacobs.-The order heretofore entered
will be amended by striking out the clause which have
marked. Having examined the case OF Chamberlain VS.
Dempsey (22 How. r. 356) find nothing IN IT which
denies the right OF the Court 10 extend the time OF
suretes 10 Justify TO allow new undertaking TO De
nled II to allow time for serving notice of Jusincaon
That case turned upon the fact that notice OF the
justification OF the sureties given and leave
was not obtained from the Court for the service OF
Sthlwell VS.. Navius.-If understand the facts in
this case correctly the money, which 1t is sought to
have applied upon the judgment against the defend
ants deposited In the bank at Elizabeth, ~ j. and
at tho time the attachment was issued the railroad
company had no funds Of the defendants hands
II also appears that there attachment issued in
New Jersey at the instance OF other parties Tor the
protection Of the railroad company, which ought not
to be compelled pay twice wish TO clearly under
stand before making the order, on what ground II IS
claimed that this Court can enforce tho payment OF
funds without the jurisdiction Of the Court, and,
secondly, II there moneys in the hands Of the
railroad company at the time OF serving the attach
ment, how can It be said there was any levy there
under.
Machado vs. saltus.-Granted.
Craven Ges.-Under the circumstances disclosed
by the plaintiffs papers, | think that opportunity
should be given TO comply with the order that plain
tn file security for dismissal OF the complaint
is not a matter Of absolute right IN such case Re
garding the motion having been substantially re-
argued l disposed allow tho plaintiI to comply
motion ma and upon ding his bond in eight days from
date and justilyinR provided by the statute OF 1870
VIII, however, hear counsel II desired
SUPREME -cIRcUrr-PAR 2
BY Judge Van Worst
Bonynge VS.. Waterbury, &c-Case settled.
BY Judge Van Brunt
Hotten VS. Hotten CT al Order settled.
SUPREME couRr-spEc1AL TERM.
BY Judge Larremore.
Langdon Phelps ct al No. i; Langdon VS..
Phelps ct al No 2-Demurrers overrucd with leave to
plead on payment OF costs.
Hon, NC, VS.. Pentz-Demurrer overruied win
leave to answer payment of cost.
Lehmaier ct aL-Judgmenl for defendant ON the
demurrer, with leave to plaintiffs to serve an amended
complaint within ten days payment of costs.
BY Judge Van Brunt
Losee vs. Matthews allowance of 81 900 to de-
Stevenson VS. Lesley ct al-Findings and decree
BY Judge Van Worst
Logan VS. Jardino ct al-J Judgment for plaintiff
Ernst Parsons.-Judgment for plaintiff on the
demurrer with liberty to defendant to answer on terms
SUPERIOR coURT-sPECIAL TERM.
BY Judge Sedgwck
Lycoming Fire Insurance Company vs. Klebiset-
The defendant not in actual custody at the time
when plaintiff might have entered judgment, when
Judgment was entered Motion to discharge defendant
denied.
Kirk VS.. Mercantile Mutual Insurance Company
memorandum for counsel
Ettlinger Stigmuller-Motion denied.
of law not sufficiently explicit on the point in
volved in this motion II the point had been submitted
the trial would have found that the defendant In
his original employment was stockhoder between
plaintiff and Guck especially upon the terms OF the
papers signed by the plaintiff have SO much doubt
that must deny the motion, without costs.
Carpenter VS. Fischer ct aL-Complant dismissed,
with costs. Memorandum.
Johnson vs. the Mayor, &c.-hotion denied, with $40
costs.
schaier VS.. Germania Bank of the city of New
York Memorandum for counsel
Vs, Ferguson aL-MOttOn Denied
Miner vs. Beekman ct aL-Memo andum for counsel.
O'BrIen &C. VS.. The Commercial Insurance Com
pany.-Moton denied Memorandum
Willmont Meserole.- Order settled
BY Chief Justice Mcneil.
Weed vs. The Mutual Benefit Life Insurance Cam
pany.-Caso and exceptions settled.
COMMON PLEAs-EoUrTY TERM.
By Judge Van Brunt
Arkenburg VS. Sherdan.-See opinion.
Kanmeyer VS.. Connor.-See memorandum.
Davis VS.. Rey.-Judgment for plaintiff, with costs.
See opinion
COMMON PLEAs-cHAMBERs
BY Judge Van Brunt
Solomon vs.. Congregation b mai Jeshurun, &c.-Mo-
ton TO confirm referees report granted. See memo
randum.
Taylor VS.; Philp.-Motion denied, with SO costs
Hull VS.. Youngs-Motion granted.
Pauline Care hanlius Carc.-Motion denied on
terms See memorandum.
Goodsell VS.. The New York Tmes.-Moton denied
with costs to abide event Sec opinion.
Riley Knickerbocker Ice Company ny.-Motion
granted, unless defendants spulae to admit certain
Bruckel vs. Bruckel Motion denied. Sec opinion.
Matter of McNllen-Mo.ion denlei, with costs.
MeArs vs. Dawson. -MotioL granted, unless plaintiff
put calendar tor April and pay $40 costs
OF motion.
samuels vs. Tho Hanover Fire Insurance Company
Motion denied.
MARINE CoURT-CHAMBERs.
BY Judge McAdam.
Sergansky vs. Comonze. Attachment allowed;
Baulard VS. Morgan; Rustshoz VS. Rauch; Simon vs..
Fisher Hall VS.. Chadwick; Curtis vs.. Pepper; Her
VS. Miller; Langdon vs. Harvey; jacques VS..
Hart; Maddox VS.. Kayne.-Motions denied. See
papers filed.
Cutler vs. Watkins; Irwin VS.. Reid; McFall VS..
Huntoon; West VS. Lynch; Gremer VS.. Spads; The
Asbestos Felting Company VS.. Avery; Rankin VS.
Quincy; Sherman Metropolitan National Bank;
Large Carpenter; Timoney Palmer; Herzog IS.
Bub; The Germania Bank Munkenbeck Ross a.
Conkn Runhard VS.. Conklin. Motions granted. See
papers filed.
Ahrcns VS.. Appel-Default opened but motion to
dismiss denied.
Conover VS.. spicer.-Receiver's bond approved
Bell vs. Schaner.-Samuel Wood appointed
ceiver
Butler Vs. Conklin--See memorandum.
Derr VS.. Bonnuer.-D. !. Robertson, receiver.
Schalk VS.. WilliamG-Plaintin may take his order.