The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-28
DECISIONS.
supREME couRr-cHAMBEns.

COOpcr.-HOtlOn
tin at proceed with the and in due course
try Sh the same ne ,vv c-osw.u Rav-Mo,,oDs de.
MED.
Cameron vs. Mittnacht; Platt VS. Platt-Motions
granted Memorandum.
Clark vs. Donaldson Plaintiff is entitled to apply
the 800 In his Judgment the attorney TO have the
within order entered asked except In that respect
Bechert vs. The Independent Turner's OF the Eleventh
Ward-Motion granted.
Matter OF Gomperts- Rcscttlement denied
Matter of opening Brook avenue Memorandum.
Carroll VS.. Wallace; Matter OF Lowcrie; Horton Vs.
Chave; Gano VS.. McCunn Powers VS.. Otard.-opinion
Gautier vs.. The Douglass Manufacturing Company
Bradhurst VS. Bell; Same VS. Same.-Surety in
81. 000
HawIey vs. Griffith; Same va Shareholders granted
Hatch Honman.-Bond approved
Lowery Observation-Disclosures TO plaintiff, 500;
TO I. G. Strong, for defendant, $500.
Matter OF Moody; Ryder va Ryder; Clark w Donald
McGIynn VS. NATURALIZATION denied.
BY Judge Lawrence
Ellis vs. Foster and another.-I very strongly in
clined the opinion that the order appointing re-
cever in this case should be continued The mat
ter was submitted without argument The facts are
perhaps fully stated as they can be- AS the matter
should be speedily determined WIZ near counsel on
p NJ, and either party may on or before Tuesday,
March rs, serve additional aIlidavts on the other
Newton the Continental Bank-Motion Tor re-
of order by giving leave TO renew is denied
without costs.
Craven VS. Giles-ordcr as settled on rcargument
Matter OF William S. McGrath.-If the petitioner
thinks that he maintain his action against the re-
| am disposed to give him opportunity TO establish
his case Motion granted no costs.
Edrdge VS.. Maciay.-l am OF the opinion that the
1862 not tax from The Court the
power which, tho successor OF the Court or
chancery possessed under the Revised Statutes TO
direct that witnesses examined under commission
may be examined and e-examined orally. (Sec.
H. s. Edmund's Ed. p 1S7; sec So, marginal paging
$50: also sec SSl II the power exists the APP
pears 10 be a proper one for exercise; and il the
case is one in which the power should be exercised
must follow the decision OF the General Term OF tnis
No., tba aofE We III
D. 2IS An order will be entered, on one days notice,
In conformity with these views.
Brennan The Mayor, &c.-Under our present
system OF procedure does not seem TO me 10 be nee
essary Tor defendant bring action TO set aside
the Judgment referred TO in the complaint IL there
fraud the judgment and In its equitable powers
the Court relieve an answer setting forth tho
that purpose. (Dolan VS.. Pearce, Ken, 1861 The
judgment in the former suit appears To be conclusive
tho point that the plaintiff being public oihcer,
could become the assignee OF Mr. Gladden. lease That
was the point involved Under the circumstances do
think that the Judgment precudes the DESCENDANTS
from alleging the conspiracy set forth In the amended
answer. They allege that they were ignorant OF the
facts the time the original answer was served anu
any apparent laches seem TO be explained and ex-
cuscd CFoster VS. Wood, / J. c. 0o) The facts
sought to be pleaded wero not directly IN Issue IN the
former case. Il Greenleat section 52S l snail also
allow the alleged claims 10 be pleaded. II an
sound they can be tested on demurrer Tho terms OF
the amendment Will DO the ment OF the costs ofthe
action the present time and costs OF motion
Rolaain VS.. Garth.-In the absence OF consent by
all the parties this case cannot be referred What
ultimately determined 10 De ol
the defendant Bennett on the iaco OF the peadngs he
proper and necessary party to the action and Is,
therefore, competent for HIM TO take the objection lhat
the case is in which compulsory reference or
a reference on the of of the parties can
be ordered. Motion denied without costs
SUPREME couRr-spEcIAL TERM.
BY Judge Van Worst
Willard Ferguson ct al Complaint dismissed.
Muller vs.. Jacoby ct IL do not think the tender Of
interest proven and as to the other tender was insult
BY Judge Van Brunt
Brnkley acknowledgements upon findings
SUPERIOR coURT-sPECIAL TERM.
By Judge Curtis.
Jcssup ct al vs. Carnegie Motion for leave to Gle
supplemental answer granted on payment OF costs OF
opposing motion.
supplemental answer granted on payment OF costs OF
opposing motion
to be discharged FROM imprisonment, &c.-Order dc
nying application for discharge, &c
Schmalkolz VS. Moller Reference ordered.
O'Rourke vs. Taylor.-Motton denied with $40 costs
Beach VS.. Vaneycny. -lnerogatories settled
Kenny Ives; Harper VS. Harper; Mendclhemer
Meyer; wcidinger VS.. Bailey Lihenthal vs.
Stevenson; The New Boston Canal and Mining Com
pany VS.. Packer Orders granted
COMMON PLRAs-sPEcIAL TERM.
BY Judge Van BrunL
Eza Jane Walker Joseph Wa.keE-No for
Joseph Walker Eliza Jane walker-Not beng
able IRON these papers 10 understand the nature Of de-
iendantis motion II must be denied
Ounce vs. Hedden.-Bond Tor costs in $3.50 ordered
Hammerstcn Morgan Motion denied; power
to grant motion alter judgment
| Reilly VS. The knickerbockcr Ice Companv.-Upon
the defendants serving stipulation as amended, motion
denied; otherwise granted
! Monteu vs.. StehL--Motiop granted.
Waters Crawford-Thc case of Smith We. Wood
run decides that receiver VINO without leave OF
! Court should be made personally liable for costs
John August Hasslcr VS. Eliza Hassler-Report OF
referee confirmed and decree granted plaintiG
! Fevre VS. Kclogg-hotion denied Cos,s 10 abide
/ event memorandum
! Frebcrg VS. Conner.-Motion granted unless plaintiff
pay costs OF this motion within i've days.
Mcclure VS.. Jenney.-Aotion granted on terms Sec
Ftzpatnck w. o'Bricn, 6c-PlaintlG's complaint
! dismissed, with eave 10 amend upon payment Of all
costs subsequent 10 decision OF General Term OF Court
oil Common Pleas
Mooney VS.. GoOdhearL-houon granted on payment
Matter OF Mcllen.-Motion denied See memo
randum.
Gavnor Va Mohan Motion TO retax denied
Hcnnesscy Standardization granted payment
of subsequent 10 service Of compliant and $40
Morange vs.. Bouldoin.-Motlon denied, with $40
costs TO abide event.
Ross, Jr, vs.. Naturalization for commission denied
and cause put calendar tor March so Tor trial
Hermann Holmes--Motion denied.
Ellen De Meyer Va. Jules dc Aeyer.-Rceree's report
confirmed.
COMMON PLEAs-EQUITY TERM.
BY Judge Van BrunL
Davis VS.. Riley don't think that the $50 be
allowed. The $40 is allowed.
Bruggermann vs. The Continental Life lnguTance
Company findings settled
Bernet vs. Kessler No personal judgment can be
rendered against Kessler Opinion.
Kamena VS. Wanner.-Piantin's complaint dis
missed with costs. opinion
MARINE coURT-cHAMBRRs
BY Judge McAdam.
Glossy vs. Young; Van Nance Hanlon; Wolf vs.
Saomon.-See Or nlns.
Ilallock va. HuaJ.-- Demurrer ovcrrulcd
Harris w. Harris Default opened terms
Eising VS.. lasseger. -Motion TO vacate arrest
granted.
White ys. Doody.--Motions denied two motionsL
LANCE vs. whitney.--rhc witness must produce
the contract a sworn copy.
Bossert vs. DonneIiy.-rhe taxation Of the CLERK Is
affirmed
Corner vs. Duforme. -NOtion denied without costs
IgOonhagen Va. Baxtcr.-Reierred to r. w. B. Ken
needy, Esq
Deese ". Farrell; DcvIin Goetmann.-Motions
10 dismiss actions granted.
Kv.,ro,s Nolt.ntno. Eieio Va r,rhonsto,n.