The New York herald., 1876-11-24
DECISIONS.

nominal charge OF tho snerin
DECISIONS.
SUPREME coURT-cHANDEaS.
BY Judge Lawrence.
Tr0up va Neville; Pclctfcau Tho Industrial Ex-
hibtion Company; Walter vs. Phillips, Townsend VS..
Roc; OConuor Vs. Hebrew Benevolent Orphan Asy-
Adams Vs. Crosby; Harmony vs. Matthews; navsns
kel,ei Fund socictyvs Phnlips; KIDD Farr; smith
VS.. Crancy; Importers and Traders Bank VS.. kohn
and others isix orders) Molouehney. Jr va Kcrwiu;
Huett vs.. Trucking; Duncan vs. Pollard; Hawes vs.
uSurch Perry vs BALDWIN MaSaisr,urnp company;
Howard vs. Lanning; Bsoni VS. Adams Siorrs vs.
Boun.-0rdcrs granted
James vs. Borrowc. Explanation required
Smith VS.. Philips; Same w. Samc.--Rciused
BERKSHIRE Woolcn Company vs. Juilliard.-Mcmo-
Connolly Us. Day,on--l think the suretes
sufficient.
Sage urant.-l wish to hear counsel In regard 10
In The matter OF McGnL-wherc is tho order
nrmlng referee rcporly
kniball vs.. Newton IL require tho affidavit referred
TO In tins consent and also the picadngs.
Allen VS.. Fox.-Mouon granted, and case placed on
Special Circuit calendar Tor Friday. December 1876
Ridgewood Insurance Company W.. Spears.-Where
arc the other anidavits which are referred 10 In this
orlcrS
Qu,nby vs. Palmcr.--This transaction took place so
long ago that am not inclined TO ISSUE an order Of
arrest.
In the matter OF tho Southern and Atlantic Telegraph
Company viii onse me by referring me 10
some authority for this application
quite possible TO try thcsc In hour. ana tho
motion IS therefore granted Tor Friday, December $,
1876.
Rucker vs.. New York, Housatonlc and Northern
Railroad Company.I have examined the report OF tho
referee ana tho PROPOSED Judgment, but 40 mol Gnd
tho complaint This desrc 10 examine before signing
the judgment
Hayait yS Rosct--rhe action is brought to recover
apenalty Tor neglect TO ne tho annual report under
tho twelfth section OF lSlS. II IS NOT upon contract,
Merchants Bank VS. Bliss. 80 y. T., AZ. The penalty
imposed by that section that upon failure 10 hc such
|
and severaIly liable Tor all the deots oil the company
then existing &c. The character OF the aclioa
determined, 5y tho complaint. Webb vs. Darragh, 81
~ Y, $40 An inspection er tho complaint shows that
u Is not upon contract but Is oroush. 70 enforce
his capacity as trustee Motion Tor reference dcnici
With costs
which shows tho power OF the Probate Court oil the
city oil Ssn Francisco, tho powers and dutos vi
tho guardian oi Larkin, appointed ny said court Iho
mortgage which sought 10 have sa lied appears to
have been executed on tho 18th OF June, 1876 The
Of July 1915, u weeks alter tho execution OF tho
mortgage. For what purpose the mortgage was made
am not informed nor Is the amount secured thereby
as the time Tor which the mortgage was TO run stated
de-Ic iurthcr adv on those points, and must be
satisfied OF tho jurisdiction Of tho Probate Court over
insane persons or persons o unsounu tnind ooIorc
Will grant the writ asked Tor.
COMMON PLEAS CHAMBERS.
BY Judge Van Brunt
Battcrshall aud another Vs. STANDARDIZATION de-
nicd, with $40 costs.
SUPERIOR CoURT-srEcIAL TERM.
BY Chief Justice Curtis
Gross vs.. Knapn-Order settled
Smith smiih.--Memoran tor counsel
by Judre speir.
Tnlrfax va Tho New York Central ana Hudson Rvor
Railroad Company.-order denying motion Tor iurthor
security.
smith Va Cantrcll-Oracr ~ Me certain papers
with clerk.
Hodges ct al Va misunderstanding approved.
Ziscnoiski vs. Gunthe. Order appointing John
TOwushcnd, ESQ.,, referee.
Horton vs.. Moore.-Rclcrcnce ordered to William
PoLain US vs. Mciga Findings settled.
Reed VS.. Livingston. dismissed.
Matter Of Hatch.-0rder directing payment Of
money 10 Chamberlain and appointing William G.
Trapbagep, Esq, 70 dclermlne, &c
Mart VS. schrldcr Reference ordered to A Ackcr.
Gross VS.. Knapr-order denying motion Tor now
rho Mutual Life Insurance Company va. Mclaughlin
ct ai.-Nos. md 2-Report Of reicreo confirmed and
Judgment Of foreclosure and salo ordered.
Insersol Va. the Tenth National Bank.-Findings
settled.
Carncs VS. Platt; Lcvison VS.. Robbins ct al Rooney
Jr., vs. Tho Third avenue Rarcao Company; Kiimsr
We. Smith Tho Hanover National Bank vs Schumacher
al, and Gun CHAM Va Tne Second Avenue Railroad
Company. y.--0rdcrs granted.
MARINE COURT CHAMBERS.
BY Judge McAdam.
Golazer va Young-Opinion.
Kernochan vs. Wooster. Plaintiff TO serve reply:
vs. smith Hyams VS.. Maycr.--Mo.lon granted
Clarke w GRADER; Frcmper va whssiock.-Mosion
Konn VS.. spcgeL-Motion Tor commission granted.
Rosenberg VS.. Schwartz-Motion to vacuts arrest
denied.
Rich VS.. courccy.-complant dismissed condition
War; va starko-Motion 10 set aside denied and
winfield vs Harris; Kcrnochan VS.. Wooster; Clo-
hcrty Eagcrs; Safer W. Rootha; Schattvs Henry:
Ulman vs. Fr,edenricn Wise Horntz; Lango vs.
National Register Company Gillespie vs.. ongomery;
Me,ealf vs. penton; sa6rech. VS. schook; singer vs..
Tho Mayor; Nelson vs. The North American l.,fc In
SUI COMMUNICATIONS
Kamena VS.. Wogran.--Ordcr discharsing attach
mcnL
THE SULLIvAN-LYONS HOMICIDE.
Tho trial OF Daniel Sullivan, indicted for murder in
the second degree killing Patrick Lyons,
sumcd yesterday boloro Judge Davis In the Court Of
Oyer and Termincr Assistant District Attorney Lyons
conducting the prosecution, Mr.. John o. Mott and
ex.Judec Curtis appearing for the prisones The do
fence was justiuable homicide On the 25h OF Scptem
Der last The prisoner was shovciing IN coke Tor Dir.
Little, corner oil BAyard and Baxter streets. The cv-
dcncc tho prosecution showed that tho detcasod
was hit on the head with shovel by Sullivan which
fractured his skull and caused his death. Through
rigid xamnation by Mr. Mott, tho facts werc
developed that tho doccascd drunk the day In
question; that he was "spolling Tor u nght'; that
while this humor no inlcsf fcrcd with The prisoner.
who struck him with his shovel IN seifdcicncc.
The Jury, after brici absence. brought IN verdict
OF guilty OF mansiaughcr In the oush degree ana tho
prisoner thcrcupon sentenced 10 Two years in tho
Sta Prison.
GENERAL SESSIOSS-PART /.
Before Recorder Hackctt.
PLEAS AND SENTENCES.
In this court yesterday Frederick scnnadicke was
arra.gncd charged with burglary In tho rst degree In
having broken iuto thc house OF David Cohen No 20
East Broadway, at four O'Clock, on the morning Of
pied the burglar and held him until policeman came
The prisoner pleaded guilty. and was sent 10 Sing Sing