The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-24
DECISIONS.
SUPREME couBr-cHAMBxRs.


Hamilton vs. Brevoort-Granted.
Covert Hermbergcr. denied, costs to
abide event
Hewlett vs.. wood.--In this case after consultation
with Justice Daniels, the motion to suppress is dened
upon ground that the examination has been closed
by Justice Pratt The preliminary objccticn is sus
tanned, therefore This decision Is made, however,
without prejudice to the right Of the defendants to in
erposc any and all objections to the nsc OF the depo-
siti0n tho trial. such rights being reserved Motion
denied
washhurn VS.. De Wolf and another Fit is apparent
that the trial OF this action will involve the examine
tion OF long account and the motion for reference
must therefore, be granted, unless the defendant adj
ment set up in the answer. This would present ono
issue only II stipulation be not given, reference Is
ordered 10 F. Smyth.
may be heard during the present term; stay will he
granted. therefore, until the second Monday OF june
1915 II a further stay DO necessary application can
washburn VS. Dc Wolf and another-The consdera-
tion OF note between the original parties Is always
open examn alton The assails the consid-
Grafton and AYERS that none existed Tho allegations
the answer are peculiar and may be said TO DO in
artstically drawn but considered together present
If established in whole part to the cnim
They cannot all be considered frivolous, although some
may be irrelevant The issues thus made am salts
fed be tried by jury. The items OF the plain
TINS account, shown by the reply, very numer-
ous and the examination o. q long account must oe-
necessary. The motion for judgment Is denied.
with $40 costs, to abide the event. Tho motion for
reference Is granted
Wallace vs. Birdsall-The examination OF this case
leads the following conclusions -FirstLeave 70 dis
continue should DO granted, but on tho following
terms :-Second--Thc payment OF tho taxable costs.
Third-Thc payment to tho defendants attorneys,
other than the Sheriff. in addition to the costs the sum
of $75 counsel ice Fourth-rhe payment OF S25 70
the attorney for the Sheriff. in addition to double costs
to which hc is supposed to be entitled. Fifth These
additional to be in full Of all claims for coun-
sci fees which might be made upon the undertaking
given when the injunction heron was granted Sixth
II the additional compensation allowed be not accepted
as suggested, then leave TO discontinue Is granted on
the payment OF taxable costs only.
Morange VS. vogcL The controversy which provoked
the reference in this think unfortunate and
1t II might have been avoided by proper ADJUST
OF tho attorneys The report OF the referee must
however, DO sustained His views seem to be correct.
Justice Barrett has examined the also and
this result. Ordered accordingly Order 10 be set
BY Judge Lawrence.
Ramey Fschcr.-ln this case, an attachment
against the witness
SUPERIOR COURT-sPECIAL TERM.
BY Judge Spcir.
Schermerhorn vs. Colc-Aotlon that defendant pay
the sum Of 500 to plaintiff denied ,,,.,u :,
VS.. King ct al and Phyfe vs. Casey ct aL-Orders
granted
BY Judge Larremorc.
Vanderbilt vs. Dunseith ct aL-Judsment for plaintif
for relief demanded IN the complaint
BY Judge Van Worst
Lockwood vs. Bishop. &c-FindinRs settled.
scamoni va Ruck ct aL-Findings and decree signed
MARINE oouRr-cHAMBERs
BY Judge McAdnm
Wills vs.. Dexter-Decsion filed with papers.
Philip va Jones.-Moton TO advance cause denied
Carroll Vs. CulIen.-Mr. Edward Jacobs appointed
receiver
Delano vs. Boynton; Jones vs. Ferguson Motions
nahlo vs.. Cohn.--Motion TO vaeate judgment de-
MED.
Bruce vs.. Carter.-Moton 10 correct Judgment
granted.
Geek VS., Martn.-Deiault opened conditionally.
0iHara W. Weld-Molion for commission granted
Bold VS.. Hughes.-Motion 10 open default granted
Ayres VS. McManus.- Proceedings against third
rl.,c hor =. raw,s ComnIafct a,sussod ,r,th