The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-09
DECISIONS.


dcnce could not DO decided until after the examination
was concluded
DECISIONS.
SUPREME CoURT-cHAMBERs
BY Judge Lawrence
Tho People, &C., va The Bleecker Street and Fulton
FERRY Railroad Company and Southworth, &c-l will
grant an order 70 show cause.
Mulicrys BurchelL--Tn this case desire the coun-
sci for Inc respective parties file briefs pointing
tho precise questions which they wish the Court to
Bernheimcr va willis-In this SEQ no reason
for granting the application for reargumcnt Tho
defendant demands affirmative relief, as understand
his answer He asks that the alleged deed be declared
a mortgage and that the plaintiff BIO compelled 10 re-
cover the property TO him upon payment OF the sum
which may be found due them.
TAYLOR VS. Mabe ct aL-Counsel have omitted to pre-
sent their notice OF motion 10 the Court me motion
Stewart VS. Lappn-Mosion to vacaie order Of arrest
granted, with $40 costs
The Murray Hill Bank vs. Flandrow.-M0ton
granted and cause placed on Special Circuit calendar
for May 49, 1876
In the matter Of Hatch The motion pcremptory
writ OF mandamus IS granted. The alHdavits seem to
show technical demand and refusal. No costs.
Murray VS.. Armstrong.--As these the day
calendar OF special Term do not think ought
tcrferes Leave given TO move before the Justice
holding the Special Term and the motions before me
are denied, without costs.
Hoe VS. Buckmnstor . all cannot strike this an
swer out as sham. Moyland Tyre, As n. ", 2sl;
Thompson vs. Erie Railway Company IS N. y, 46S;
Youngs vs. Kent 40 n. Y, 672 Motion Denied with
vath w. vath Reference ordered to Moses Ely 10
ascertain and report whether counsel fec and alimony
should be granted and tho amount thereof
Wyckof Bardon.--iet an order DO entered d.
rccting the plapT 70 flo security for costs In tho
Of $1,000
Fcrniss vs. Fcrniss is an action for limited
divorce and regard 1t extremely doubtful
whether the plaintiff can succeed, must deny this mo-
ton without Jones Jones, = Barb. Oh. r..
l46 Stevens stevens; Coddngton CoCdington,
10 Abbt., 45o; Morrell VS. Morral, Barb, 4s0
Banta VS.. Kont--The defendants counsel is
questcd to send IN his points in these cases
Mclean VS.. Worman.-Why Is this application made
TO the C0ur The action Is for the recovery Of money
only. (Scc Code, sec. 24G)
Mahoney VS. licb ct ai.-The affidavit served with
tho notice OF mouon being contradctcd in respect to
the alleged value of the nortgagcd premises, do not
think that ought 10 appoint receiver Tho motion
is therefore denied, With leave TO renew on further
In the matter Of Lugard W. the Receiver OF the Third
Avenae Savings BANK shall confirm the referees re-
seems 10 have acted in good faith The petitioner
| should be paid amount OF reeree's report.
| Bishop VS. Davs.--Thc afiiduviis upon which the
order OF arrest granted appear disclose
case OF fraud for which the defendant liable to be
arrested. Tho learned justice who made the order
passed upon the question which within his dts
erection. and think correctly. Bennett Jordan,
Fl N ", 23S As this motion Is based solely tho
allegations these aftdavs TO be taken true
The motion must therefore DO denied, with leave to
the defendant to roncw upon further afhdavita No
Barnett VS.. Benjamn.-Thc motion is denied on the
ground that order OF arrest IN action contract
may be granted upon facts entirely independent OF
those necessary 10 be stated complaint. SEQ Waits
Code. r. l79. and cited And also the ground
that The allegations of fraud in the complaint were ne
ccssary show that the plaintiff entitled bring
the action before the term OF credit originally agreed
upon had expired
fact OF the petitioners related me- without
the degree which prohibits judge from acting, must
Barb. Oh. s3i; H,gbe VS. secor, and Dclno., isa
Present this TO another Judge.
Harriott Emerson ct at-Conccding the law to he
as claimed by the counsel for the defendant seems
to that the defendants remedy Is not by appl
cation at Chambers 10 dismiss the complaint The mo-
ton should be made when the moved for trial
the Special Term IL the sufficiently
present the the defendants should Cham
hers for leave TO amend the answer-Motion denied,
Eimendorf vs. The GIobo Fire Insurance Company +;
Wheeler The National Bank Of Commerce; Kochler
vs. Whechn.-Orders granted
BY Judge Barrett
Hart va. Pettt-If the receiver stiIl declines Mr.
Harris offer of 5000 TO the sulcency oil which
press opluon these papers, there must, view
Of the charges contained in the opposing affidavit, be
with his opinion. il viii be referred to Ph,lo r
Ruggics, Esq, any other gentleman Of equal stand
ing who may be agreed upon by the parties
| Moran Va Watkins The plaintiff 10 submit
some authorities upon this motion, which he has tailed
do assume therefore, that he has been unable 10
discover any and that tho decision denying the motion
which was made upon the argument, but delayed 10
enable the plaintiff 10 look up such authorities ought
now 10 be promulgated
Coleman and another Hart Motion to vacate
| order OF arrest denied, with $40 costs.
In the matter oil Ely, Jesup, Adler wilkins, Morgan,
Branch, Hope, Moore, Lester and Shaw, TO vacatc
have no recollection OIL these cases and
would like an explanation before signing the orders
/ rho Philadelphia and Reading Coal ann Iron Com
pany ButlcE-Thc action Is really creditors bill.
The relief asked TO set aside certain cages aud
to have the plaintiffs judgment dccreed to be valid
hen upon the realty This IL not for the recovery OF
the realty Of estate or interest therein The plain
til, II he succeeds, will recover Judgment on real
property, not any interest costs therein. Defend
will the right TO have the real estate sold
one, who by such will acquire interest
All the plaintiff acquire Is the satisfaction Of
Judgment out OF the process The other points to
the jurisdiction oil the Court and should be presented
by demurrer or answer The motion 10 change tho
place OF trial must be denied, with $40 costs
sUPREME coURT-sPEc1AL TERM.
BY Judge Larremorc
Dclaccld Smith Ct aL-Judgmcnt for plaintiff ~
prayed for In the complaint
SUPREME coURr-cEcUIr-pARr 2.
BY Judge Donohuc
Norris vs. Dc wolL-casc settled
SUPERIOR coURT-sPEcrAL TERM.
ny Judge Mcneil
Gould VI. Moore.-Motlon to vacatc order denied.
See opinion.
Tying Va Marsh ct aL-ordcr denying motion for 70
Folsom Va Herring. -0rdored on short cause calen
dar.
and order examination Of defendant before trial
Hazard ct al vs. Gross 81 al Phillips Va Gross et
al Ordered on short calendar.
smith Va Crow 81 aL-ordcr confirming Referees
the National Park Bank Of New York W.. Guust-
Order settled and fled
COMMON pLEAs-EoUrrY TERM.
BY Judge Van Brunt
Bracndcr vs. Poerschkc Decree signed
Kamena vs. Warner Findings settled
FIFTY-SEvENTH STREET COURT.
Before Judge Kasmirc.