The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-23
NEW YORK HERALD TUESDAY MAY e. ls7s-TRPLE SHEET

which no allowance had been included. In every
srect OF the case both motions should be denied with
out costs.
The Bank OF North America VS. Isham The plain
TN has been paid the whole amount specified IN tho
affidavit upon which the supplementary order was
issued; that is Il has paid its Judgment with in
terest and COSTS and $50 costs OF supplementary pro-
ceedings That all entitled these proceed
tngs and they clearly cannot be continued no matter
what the defendants may have promtsed although as
TO that there IL dispute Of fnct, TOR the purpose q
securing SIS So balance OF the Of $l02 20 charged
tor searching, &c Tho motion must b. Denied with
Kellogg va This Beckwth Sewing Machine Com
anv-Ihe examination OF the account does not arise
mediate Object Of The suit because the VALIDITY o. tho
contract Is also IT'S immediate object The examina-
ton OF long account therefore directly inyolved
and oven under Kahn Va Deano IL Abbot, N. r.. ~,
there ought TO be reference Motion granted. Cause
referred 10 Mr.. Phiio 7. Ruygics 70 hear and deter
BY Judge Daniels
Fisher We. Courtney.-B the terms OF the order al
lowing an amended answer TO be served all the costs
which had then accrued were required TO be and were
In fact paid The was not aiicrward noticed for
trial. but continued on the calendar until trial was
had The consequence that the costs before notice
OF trial for serving the additional defendants and for
the i've terms appear 10 have boon paid and such
costs incurred aer the issue created by the
amended answer They should have been excluded
from the bill on It's adjustment The motion Tor re-
adjustment must prevail and costs should DO allowed
the moving party upon this motion
Ryan OF al Va. The Paoi Belt C0mpany.-ti Is en-
trey clear. from the aidavils read tho motion to
family was afflicted with contagious disease, render
ing his attention 10 them necessity while that was
the condiron OF his iamity common prudence would
the company OF those whose attendance was required
at court II is also very doubtful whether the papers
properly served Tor the motion TO punish him for
contempt but without deciding that point II is clear
that his default has been excused. He should there
lore be allowed within days 10 appear and show
cause why no should not be punished. and the pro-
ceedngs should in the meantime DO stayed Costs OF
motion TO absde the event
y 10 M rpur
vath vs. vath; Nugrich Va Hadhcld; Jacobs Va
Baul-ordcrs granted.
SUPREME coURr-sPEcIAL TERM.
BY Judge Larremorc.
Quintard &c VS.. Collin &c.-Judgment for defendant
on demurrer Opinion;
Monargue w. Monargue OF a.-Judgment for plain
tin. Opinion.
SUPREME CoURT-CIRCUIT-PARr s.
BY Judge Van Worst
Dejonge, &c, VS.. Conncr, &c-Memorandum.
SUPERIOR coURT-spEcIAL TERM.
BY Judge Sanford.
DAILY va wallack.-Flndings Of tact and conclusions
BY Judge Scdgwick
| Ovany Fox ct aL-Findings settled.
Anten al. Eilingwood ct al-Counsel will ap-
pear Monday. May 20, at halfpast ton O'Clock A. NJ
to settle form ofjudgment
BY Judge sreir.
| Schermerhorn VS.. Wheeler Lew NJ. Northrop ap-
| pointed receiver OF tho property OF the defendant
| Wheeler.
nrmed and judgment of foreclosure and salc ordered
Miller VS. Darling. Motion granted.
woodord Fogg-Order for further bill Of particu-
Hyatt Va Crawford OF a. Olsen vs. Mackie.-Under-
tak,ngs approved.
Matter Of Henry Metzgar, &c-Guardian's bond app
proved.
Kssam ct al vs. Hartwig; Birncy VS. LIE Count;
Macpherson VS.. Ronner; Broomann VS.. Osborn
Schrycr Dttineer; Birney Palmer, Jr., ct al !;
Dever va Burton; Nchn va Doning OF a--Qrdcrs
granted.
MARINE coURT-cHAxBERs
BY Judge McAdam
Huss Va Carl two csl-Resttuton ordered rs per
Endorsement on papers
papers.
Clement Moran two cases).-Moti0ns denied; no
costs
Emerson vs. Bodc.-Motion granted with $40 costs
and without prejudice to the service Of tho amended
answer
Keller VS.. Mckinney; Pretixer vs. Leblerx; Crom-
well vs.. Burr-Opinions filed.
Arnoux vs. evoe.--Plantfs authorized to dis
continue payment Of $40 costs and referee fees
al New York, 355l The question Of costs Is matter
within the discretion OF the Cour-Connatta VS.. Good
The Benedict & Burnham Manufacturing Company
VS. Beisser SEQ Endorsement papers.
Petit Berrand.-rhc parties hereto required
appear ut Chambers the 18th inst, ut two r. NJ,
and submit 70 oral examination oath, The
purpose OF aiding the Court in dposng OF tue question
OF fact involved on this motion.
Cecil VS.. Pride Judgment for plaintiff on demurrer.
Wright vs. Parisol; Clark VS.. johnson Opinions
Drnkor vs. Could; The J. l. Nett Iron Works VS..
DAVIS; Jacobs VS.. Hawks; Toehrenback VS.. Myths;
MAYER HARRISON; The Fifth National Bank W. Bet
terman; Jcssup vs. Grswold; Isaacs va The Board OF
Education Bassett vs. Burt-Motions granted.
Sass vs. MISUNDERSTANDING Of babeas corpus granted
storer Machine Company Kansas Pacific Railroad
Company-M0on TO set aside the service OF tho sum-
mons denied, without costs. The defendants IN their
may plead the jurisdiction OF the Court and
In that way reserve tho further consideration Of that
question for presentation upon the trial
Cook vs. Buss.-Motion to compel debtor to pay
judgment denied. Edward Jacobs ESQ, appointed ro-
ceiver. Bond 800, costs $50
Norris Va. Monhcimer- TO havo tho docket
secured on appeal granted. No costs
SUMMARY OF LAW CASES.