The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-04

Dawes CT al vs. Van Buren, OF aL-Judgment amrmso,
with costs
schcnck ct al vs. The Erie Railroad Company
Judgment affirmed with costa
Van Wyck W.. Acknowledgment affirmed, with costs.
Moranse Va Conover ct aL-Order affirmed, with
$40 costs and disbursements
Philips va Micrson ct Judgment as to Micrson
and Coughin reversed new trial costs TO abide event
McGinness VS. The Mayor, &c.-Judgment amrmed'
with costs
Kenig VS. utz-Judgment Affirmed with costs
Clarke ct al VS.. simon-Judsmeni reversed, with
costs.
Wood vs. The Mayor, &c-Judgment reversed; new
Tasker vs. walIace.-Judgment reversed; new trial;
costs 10 abide the event
schott W. wright-Judsment reversed; trial;
costs TO abide event
Wood Vi. Brown --oraer settled
Bennett vs.. Gordan.-Moton denied.
Smith Va The Mayor &c-order and Judgment re-
verscd, with costs
Matter OF Kncb.-Motion denied. with leave, &c
COMMON PLEAs--sPEcIAL TERN
BY Judge Van Brunt.
Conln CantrclL--It must be made 10 appear that
the rights Of third parties have interviewed before
the satisfaction Of judgments can be vacated and The
judgment restored as OF It's original date.
Merritt vs.. MicheL-Ths 0ruer tor examination OF
executor must be set aside with costs This Court has
power TO compel the executor 70 pay this money.
lie cannot be called account In this way.
Kiley vs.. The security Life Insurance Company;
Harrison VS.. congor Grossman VS. Grossman SEQ
opinions NI
story Va Bennctt-Motion for reference granted.
II to that necessarily the books OF the de-
fcndant must be examined to make out the plaintiffs
Crescio VS. Crescio.-Dccroe signed
Harris w. Aaguire-Motion 10 open default granted
on payment of the costs Of The March term and $40
costs OF this motion.
ste,n VS. sommcraed. Motion granted as to Charles
Sommcrned; denied as to Noses sommeraeld
Stegman vs. Levy-Moiion granted ON payment OF
costs OF this motion.
Alexander va Lippman. Defendant Iippman would
be entitled double OF the trial
sequent proceedings and double costs being allowed,
no allowance should be granted.
Frienlcs vs.. Msyorgs Of al-Motion granted without
nlr1tpw In al III.
fact that offer was made to pay the same immedi-
a,ely the default occurred and refused and
tons which not not TO be encouraged
OF any authority being gwen under tho
Code to grant an extra allowance upon default in case
like tho present
Neville VS.. Hargoua sureties on undertake
ing appeal justify before the Court within Eve days
from the service OF the order 10 DO entered herein APP
prevail Of undertaking will be asde with $40 costs
OF this motion. Ii on Justification surctIes APP
proved motion denied, with $40 costs to abide cvcnt
simon vs. Bonhcis and another Considering tho
somewhat extraordinary nature Of plaintiffs bill oil
particulars, think motion for reference should be
denied
road Company.-It appears that since the commence.
ment Of this action and since the appeal 10 General
Term has been made the only resident plaintiff has
died and that all the surviving plaintiffs are nonres-
dents. think that in such case security for costs
should be given. Motion granted.
Flahcrty Simmons.-There Is no evidence but
that the prisoners schedules show correctly his prop
erty that his proceedings upon this application has
been just and far having shown this he entitled 10
Blocker VS. The Mayor.-order settled.
COMMON PLEAs-EQuITY TERM.
BY Judge Van Brunt
Brander Va Paerschke.-rhe memorandum filed
with decision must be furnished before can settle
findings
Brueckel vs.. BrueckcL-No findings OF fact 10 ,his
case have been settled Decree cannot be entered
Beaumont va Kempton --Referce's report con-
frmcd. har
MARINE coURT-cHAMBERs.
By Judge McAdam.
Lang VS. whitncy.-A receiver cannot be appointed
In proceeding until after the return OF the exccu
ton unsatisfcd in whole or part t49 Howard 2se;
Buckhol,z vs. Hirsch.--The veriucation 10 plead
Ing must be signed by tho alfant
Sanborn Allen q SANFORD, 64S, 20 Motion
TO aside Judgment denied
Kinsey w. Cassard -Motion granted, with costa
See papers.
Icons Va Clark-Motion granted, with costs See
Aluns Vs. Van Lenuss; White W. Brown.-Motions
denied.
Balm VS.. Damurann; Hutchinson vs. Mccormick;
Mcknight va Stoppani; Brown vs.. Lyddy; State
Trust Company Rich; Page vs.. Duncan; Porter vs..
Lema-Scc Endorsement papers
Meherback va Cassin; Mcfarland w Salmon
Higgins VS.. Lambert; Chapman va Cummings
Motions denied, with costs.
Fowler vs. Fox.-Motion denied, without costs
Small vs. Michclna; Icons vs. Clark tho 2l-Mo-
tions granted, without costs
johnson vmaE Case settled.
Mcintyre Conner Bond approved
Hugart VS. Brennan-Motion granted on payment OF
$40 costs
Harris vs.. Holden; East River National Bank Et-
finger; BernhciIncr Va Sclgman Gaucn vs. Miller;
Lemisohn vs. Bcckel; Hophcimer vs. Jones; Bachrach
vs. Hcbclcr; Strousc vs. Reynolds; White va Meyei.-
Motions advance causes granted
Cross Mcssmcr. Receiver appointed.
Mechanics and Builders Hosting Company VI
James.--Motion denied.
Ferry MarzolE-Dismissed
Hart vs. GENERALIZATION 70 dismiss granted
Trcadwell VS.. Sicmcyer.-Receiver appointed.
Mcintyre Conner, Jones vs. Bradbury; Pratt Va.
Nichols Ennis Brown.-Bonds approved
by Judge Aker.
Remington Sewing Machine Company Null ~
Motion denied; no costs 1.-TWO cases.