The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-20
DECISIONS.
SUPREME coURT-cHAMBxRs.
By Judge Barrett.

| BY Judge Barrett
Matter OF Francis D. Greene to vacate asscssmcnt-l
think the petitioners have made just for
equitable relief The facts are clearly stated and
not Denied and It would be hardship in plain mat
| granted.
| Phnney va Standardization dericd. without
and without prejudice any other application
which the plaintiff may be advised to make, and also
without prejudice to renewal at the proper time.
slmpsoo vs. Andrcws-h Is quite clear that the =,
law Improperly allowed ana would reverse tho
taxatons with costs TO the defendant OF this motion
but that objection seems 10 have been taken before
the Clerk will however. upon the demand Of other
relief and the prayer for a readustment direct the
latter. A REIMBURSEMENT before the Clerk is accord
| ingIy ordered. without costs Of this notion
| Hubbard vs. Sweet Jr-Commission granted with a
stay
taken motion. The defendant should have de-
mandcd II the alleged defects appeared on the face Of
the complaint by answer If they did not Being In
| default the motion must be granted
/ Drake vs.. SmIth.-Tbe claim WAS assignablc and no
| demand necessary by the assignee in order TO
maintain for the damages assigned. II would
have been different II the assignment had been OF the
property the thing and the assignee had sought to
rcplcvy the thing and the demand for damages for the
being assignabe tho assignee succeeds to all
tho well all the rights OF his assignor
Motion denied, with $40 costs.
| Anthony va Bramp-It is quite evident that the
amended put in in bad faith and merely to
DELAY the pan The attempt to raise the general
therein by denial information and belief Is bad The
issue Is really 10 ratification, and the weight OF tcs
mony to the material witnesses Is clearly with the
! vacated
Matter Of Cassus Wells, Sc.-I find in looking at tho
papers that the suit is in another do not find
the undertaking for granting such warrant under the
circumstances and II II existed should still refer the
pcant the Judges Of the tribunal which he has IN
yokcd
DeckerhoG VS.. Apbcrn.-Thc order OF arrest by tho
Superior Court Judge doubtless void and II that
all the prisoner would have 10 be discharged. He
cannot however, be discharged on habeas corpus from
his Imprisonment the order issued by Mr.
Justice Donohue The motion TO vacate the order
n sp 10
specified by the order to show cause nor
proved BY, aaidavt and 4 i, wore, Tho
filed nunc pro tune 1t not clearly appear
by the moving adavts that this order OF arrest was
says other suit has been commenced, but non-con-
stat there neglect TO the process@ II that
specified the irrcgularlty. II Is unnecessary, there
FORE pass upon the effect Of second order OF arrest
in the same case Motion Denied with SO costs, and
defendant remanded under the order of this Court
Matter OF s.F'' Strect.--Aitcr hearing Mr. Tidbal
that the referees charges reasonable and such as
usual in similar cases, and upon further expiana
ton the costs may be taxed as moved for
Prince vs. Conner.-Both suretics are bad and must
Sullivan vs. Raphael Judgment granted
Phoenix vs. Dupuy.-Motion denied, with $40 costs
and stay vacated.
Bryson vs.. Cary-Reporl confirmed, allowance hied
and Judgment granted
Rediich Us. Standardization granted for fourth
Kerr vs. Cenover. Report confirmed and judgment
S,urtevant vs. sherassen- Extra allowance of $3.50
Harden VS. Constellation granted and Philo T.
Ruggles appoin ed referee to hear anu determine.
Matter OF l5lst StreeL-Rcport Of Commissioners
confirmed.
French va Raymond. -Ordcr granted.
The Manhattan Life Insurance Company vs. Brown
ing-Nos and
Brody VS. schoenemann. Motions granted.
Robins Farley ct alIf plaintiff VIII assign bid TO
defendant motion Denied otherwise granted
SUPREME CoURr-sPECIAL TERM.
BY Judge Van Worst.
Blunt VS.. The Mayor. &c-Judgment for plaintiff on
the demurrer with leave TO the defendant to answer on
Thomson VS. Thomson Order signed
Robinson OF al vs.. Beard and another-Judgment
Lockwood VS. Blshop.-Judgmcnt for plaintiff. opin-
ion.
Kimball vs. Newton ct nl.--Sce decision.
BY Judge Van Brunt
I.osce NEUTRALITY-SUSPICIOUS. signed.
SUPERIOR COURT SPECIAL TERM
BY Judge Sper
Anderson vs. Priest &c.-Moton denied, with $40
costs to plaintiff.
The Fire association Of Philadelphia VS. Cheppa ct
all think there should be reference In this
Tho complaint prays Tor an accounting, and upon n
careful examination Of the answer am unable 70
how the can be properly disposed OF without ac-
Bragnc VS.. Lord ct al-rhe plaintir is entitled to
$40 costs the appeal from tho order made on tho
May vs. Croiutt-l do not think this case emitting
the defendants to allowance Motion denied.
Fowlc VS. Remsen ct aL-Motion for an allowance de-
ncd
Bell vs. Borst CT a.-Thc papers do not make a case
for an arrest Motion for an order Of arrest denied
Company.-l do not ind any authority for taxing tho
items IN tins case rejected by the clerk Motion TO re-
The Antartic Insurance Company VS.. HubbclL Tho
motion 10 compel reply denied and the motion to
place the case on the short calendar granted.
Rust va Hausclt CT al-Case and exceptions settled
and crocrcd on file.
Company.-Ordcr TO show cause discharged and TEN
porary injunction vacated with SO 10 defendant
Fazer ct al. vs.. The New York and Harlem Railroad
Company. Motion denied
Plunkctt appleton ct al-Ordcr staying plaintiffs
proceedings pending appeal 10 Court Of Appeais
J. c. julius Langbcin receiver. &c
BY Judge Curtis
Tilman va Almcna ct al Reference ordered
BY Judge Sanford.
Holmes VS.. Holiness decline TO settle the within
proposed Tor the stated in memorandum
MARINE CONTEMPORARIES.
BY Judge McAdam.
Geissberg VS.. LowenthaL-Moton granted, as per in
HolIock vs. iIoiy.-Mosion denied
Gross Cuthlers,on Motion granted, as per order
McAndrews vs. Marsh.-w. G. Pcckham Esq, ap-
pointed receiver
HoIlop VS. Estelle; Gallery vs.. Hopkins; Drying vs.
FaIk: Bandman vs. The New YORK Gaslaht and Heat
Company .--Motions TO advance granted.
Borecl vs. Mason.-Order entered
Ralnbo vs. Baxter.-Ordcr signed
Hess Fitzpatrick Order entered
COURT OF GENERAL SESSIONS.
Before Judge Sutherland.
FoRGER ON TRIAL
Henry C. Cole, alias s'Big Harry was placed on trial
yesterday under indictment charging him with
forging a $500 Allentown pal school bond He In
company with Werner Bcnning, alias Frederick
sncdcckcr. sold to william Muir OF No. lis Broadway
on November 5, ISL $4,000 OF the bonas mentioned
They found be forrcrics and tho accused
indicted in May, 1879 Benning was arrested and