The New York herald., 1876-11-23
DECISIONS.
SUPREME couRr-cHAMBEns.

DECISIONS.
SUPREME couRT-cHAMBEns.
BY Judge DAVIS
| The Bowery Savings Bank VS. The Rector Church
wurdcns and vcsirymcn of the Church of the Rcsur
| rccton OF aL-rne motion should be denied There Is
justice in the attempt 10 throw the Assessments
made the property OF the church upon the taxpay-
4 ers OF the city. The property must be assumed 10
have been benefited and improved IN value by the local
improvements for which u was assessed That bene-
Iii tho purchasers at the sale VIII enjoy, and ihcre 10
equity in lher proposed effort TO secure such en-
joyment at the expense OF tho city treasury. Motion
| denied.
| Townsend Roe-Blank in the order must be
1 supplied.
Morris vs. Brown-Eow this order bo madc on
| two days. noticey
| Lewis VS. S,adicr order is not sufficiently
specified to the evidence of The defendant 10
the place to which the summons and complaint arc to
| be mailed through the Post Onice.
Smith VS. Craney.-On the argument was much in
cned the opinion that this could be tried In
hour. An inspection OF the bill Of particulars taken
connection with the derivals in the has
vinccd me that my irst impressions were erroneous
The items all being contested II In evident that tho
case cannot be tried in an hour Motion denied with
out costs
Thompson vs. Thompson. case sent back to
the referee for further proof us 10 the fact that the do
fcndant had another wife living AT the time that he
was married to tho plaintiff AS tho stands the
proof rests entirely upon admissions alleged 10 have
been made 10 the attorney for the paintin, the ad
missbity OF which, say tho least, is questionable
and upon the testimony OF the plaintiffs son. which 10
not as spccinc as It should be, 10 warrant decree
upon the point OF the former marriage OF tho defend
mt.
Perry VS. The Baldwin Manufacturing Company
The facts stated in tho de fcndans adavts are not an
answer TO this notion II the Claim has been settled
paid that fact should DO presented and brought to
the attention Of tho Court IN another way than on
motion place cause tho special Circuit Court
calendar Motion granted Tor December s. with leave
to defendant to mako such motion as they may be ad-
vsed
Rohshand vs. waring.--The arrest of the defendant
under the fourth subdivision OF section 292 is only
allowed when there danger OF the defendant leav-
Ing the State concealing himself From the affidavit
lard before appears that the defendant is in Pha.
delpha so that It be that there is danger
his leaving the State Tho proof that he CONCEAL
ing himself in my opnion should show that beng in
this Stale, the defendant conceals himsclL &c. 40
not regard the affidavit making out case within the
statute.
lsham VS.. Ludwig necessity for granting
the motion for further bill OF particulars The bill
is sufficiently specific to enable the defendant to know
what charge he called upon to meet, aud 10 enable
him to answer and serve his answer on a cross-cx-
animation Upon tho trial tho defendant will be able
to test the propricty and fairness OF the paintis
charges besdcs the complaint is based upon provs-
ion 10 pay the sum demanded III the complaint
Motion denied without costs
Hanken vs.. Rust johnson vs. Phyfe; Weeks vs..
Dictsch; Lyddy VS. Burton; Dows vs. Zeppelin; Has
brock VS.. Gessner Boardman VS.. The Lake shore and
Michigan Southern Railroad Company; Irwin
Iins VS. Valentine; Hess VS.. SOL; Morle, VS. SOL and
The North American Life Insurance Company va
Doying.-Granted.
0'Connor vs. Moschowi,z; matter OF Harlem Presby-
terian church, and James VS.. Smonson.--Ordcrs
granted.
suPEnIoR couRT--sPECIAL TERN.
BY Chief Judge Curtis
Gross ct ri. vs. Knapp Defendants motion Tor .
trial denied. opinion.
VIM ct al Crosby. assignee, &c.-Moson to con-
firm referees report granted sIsed ss,pl Opinion
Coppingcr Copplnger. of reference TO Hon.
John NJ. Barbour.
Spcer VS. Burt-order Of arrest vacated.
Polhamus VS.. Moggs, Jr--Findings settled as
Filman VS. Alfonso ct al-The motion to set aside
Ortp NJ rpI MI uu npQ nd
TO vacaS the judgment entered herein on the lith day
OF July, 1915, is denied with costs
MARINE COURT CHAMBERS.
By Judge McAdam.
Gillespie VS.. Montgomery; Winfield VS.. Harris; Cas-
eidy VS. Lcporin. Opinion filed
Seebrecht vs. Shook.-Motion granted without costs.
Fleming vs. 0delL-Default opened on payment Of
$40 term fec. $40 costs OF motion and $9l dspurse
ments TO be paid within fve days.
Andrews va Hertz; lsaacs vs. Goodman; Albright
vs. Hewst-Sce Endorsements Of papers
Campbell W. Rowan.--Motion granted unless within
ten days plaintiff cs OF issue aud pays $40
Foniana vs. Freidbcrg g-sureties 10 appear and
justify.
whitemore; Pieiner VS.. Gardncr-Dcfauts noted.
Brod vs.. Vettcr.-Motion granted.
Sllbcrberg VS. Kouig--Acton revived.
Hitchcock vs Archcr-Complaint dismissed
Bailey VS.. Flanagan. -Procccdin ngs dismissed.
Wines vs. Kennedy y-Attachmcnt vscatcd.
Robinson Forcy.-Order TO pay moneys
Bassni We. Bertino-Reicrrcd to @. Levy.
Wood VS.. Lewis; Market National Bank VS. Lewis
InjuDctions vacated.
Lee VS.. Leutzc--Motion for reference denied.
In re Emil Brommer Wcrthemer vs. stevens
Order 10 pay moneys.
Frank VS.. Andcrson.-Judgment for plaintiff, $50
o'Shca VS.. Gumbrccht; James McNuty, ESQ. re-
cciver; McAuey vs. Levy; Mohamra vs. Dale; Du-
rand vs.. Chapman; Westordarp vs. Tobans; owens VS.
Muller; BOYD VS.. Aschcr; Leonard VS. wilde.-0rders
granted.
owens VS.. Muller; The Devoc Manufacturing CON-
pany VS. Hcneshcimcr; In the matter Of the applica-
tion OF Mary A. III. Alcock.-Petitons granted.
Herssish Va zueailcr; Wcinberger VS.. Theodorian:
Kamcna VS.. wogram; Milner VS. Andrews; Dikeman
vs.. Mccartney; Morris VS. Goldstcin; Wise Hor-
nitx; Rcuck vs. Wynkoop Derr BONNER;
Robertson vs. Bommcr.-0rdcrs granted.
BY Chief Justice Shea
FcuchtwanKer VS.. Adama-Demurrer overruled,
with $40 costs to plaintiff
Louis Ludrigh.-Moton granted, with $40 costs
to plaintiff.
Ganncy VS. Day.-Demurrcr 10 amended complaint