The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-05
DECISIONS.
SUPREME coURr-cHAMBERs


Powers va Oard.-Motion Tor injunction and re-
denied and temporary injunction dissolved with
$40 costs.
VS. Raphael; Martin VS. Martin ct al ; Metropolitan
Savings Bank Marquis; Macy. vs. Mayer; Collect
gle; Stone VS.. Phillips Motions granted.
Earle VS.. Farley ct aL-Judgmcnt granted and the
who was appointed to compute is appointed to
Harrison va Stevens; Hubbard Vs. The French Man.
ufacturing Company; Earle vs.. Earle-Motions de-
Woods vs. rehabilitation granted for second Fri
day.
Harlem Gaslight Company va Tho Second Avenue
Railroad OBSERVATION-DISCLOSURES granted for first Friday.
Williams VS.. United States and Brazil Mail Steamship
Company.-Injunci.0n Continued win leave 10 move
TO dissolve upon cightsdays' notice
Meurny VS.. Warren Upon tho amdavits ned ana
also upon this stipulation the motion for reference
must be- denied without costs.
Osborn VI. The West Wisconsin Railroad Company
lotion grated for third Friday.
Ravens Piatt-Extra allowance OF hve per cent
upon tho amount claimed In the plaintiff 9 complaint
awarded to the dele ndant Platt
Fitch VS. vandeveer-Motion granted for tho FIRST
Friday OF june which will enable defendant to issue
commission take plaintiffs testimony II he desires
TO do So
Marshall va Macgrcgor. granted, with $40
Kellum VS. Tho Mayor, &c.-Motion granted on pay
mcnt within i've days OF all the costs which have
accrued the filing OF the original answer and $40
The Quebec Bank vs. Farrell and another.-Motion
granted Tor first Friday OF May.
Mcknight Devlin.-Commission granted, with
stay OF forty five days
johnson VS. Manning. Motion granted and cause
referred.
Carson vs.. Conovcr.-Thcre proof Of service OF
the notice Of upon the Sheriff Upon that be-
ing supplied an attachment must ISSUE
Gill Pctcrsohm. -Although there was oppOsi-
ton this motion am satisfied from an inspection
OF tho plcadngs, that u cannot be tried in ono hour
and consequently the motion must be denied.
sccor and another vs. Austin.-Mo.on granted for
second Friday.
Harlem bank vs. Brown; Patton VS. Gano; East
River National Bank vs.. Pamcr-Motions granted for
Post VS. winckcl-Moton granted and John p
jackson appointed Commissioner
Pcttigrcw, &c, vs. Voorhs Jr-Motion granted for
FIRST Friday
Cambridge Valley National Bank vs. Matthew-Mo-
tion granted Tor second FRIDAY.
Ta,dikcn VS.. Cantrcll-I}ond approved.
Block VS.. Maltby. COMMISSION granted
United states Rolling Stock Company vs. The Erie
$40 costs, but with leave ton payment such
COSTS further papers showing that the examination
OF long account Will necessarily be involved in the
trial OF this action and detailing snch account
Schop VS.. Ncai--Ihc complaint would seem to i'm
dictate that the cause had been commenced in the
Marine Court. II does not appear how removed
into tins court. But upon the whole made out by
the pcadings and aiidavits, and assuming the
\ to DO regularly on this court think this motion
should be denied.
Gallsrd VS. Roscnicd ct 1.-The case madc ont is
one solely Tor equitable relief Tho plaintiff would be
non suited the this against his
copartncr and two othcrs upon the facts averrcd But
these incfs are not proved by evidence which
would entitc the plaintiff TO rest upon the trial. The
Court does grant orders OF upon n verified
complaint nor upon afidavs which, in their nature,
avcrmcnts. The niidavits should be essen
italy testimony, aud this is entirely wanting In
respect Of he hs order OF be sustained
Motion granted, with $40 costs
by Judge lawrence
Matter OF Earle, &c-Thc brief OF the petitioners
counsel has been submitted, but the supplementary
proofs on the part OF the Corporation have been
handed IN.
Frcund The Importers and Traders National
Bank.--The appellant has not complied with rule 43
respect to mailing tho proposed amendments, al
lowed dsallo~cd, has he referred The par
ticulars Of the stenographcr's minutes, which he
lies sustaining his right TO tho amendments
asked Tor Tho detects must be supplied.
Iynss W Cnlyer.--Counsci resisting this applica-
tion their points TO decision OF Chief Justice
Daily. u Tss Court 81 Common Pleas, directly in
point They do not however. furnish copy OF the
decision o opinion. The OF jackson VS. stiles
"a Cowcn. rage l3l) would seem 10 sustain the petit
toner's right apply the affidavit Of attorney
In fact or agents II Judge DAILY has however. held
the other way, shall icel bound 10 follow tho
recent decisions. Counsel will furnish IT.
Moore vs. TalcotI--I do not how the plaintiff
amount reported due TO him by the referee Such
allowance Will be granted.
Matter the application OF the Department OF Pub
lie Docks relative piers Nos ~ aud S4.Do counsel
INTEND to present further briefs 10 this motion IL
not they will please notify mo ms as possible, IN
order that may dispose VI tho motion.
Gardiner vs. The Mayor. &c-In this case ! under
stand that II has agreed by counsel that the ANAL
disposition Of the mooa shall DO deferred until the