The New York herald., 1876-01-19
COURT OF APPEALS.

ALBANY, n. ", Jan 1s 1876.
In the Court Of Appeals Tuesday, January IS 1876,
the following decisions were handed down.
Motion for rcargument denied, with $40 costs
Morgan vs. Crocker
Motion for rcargumcnt denied, with cOsts.-Gilman
Gilman
Judgment Of Supreme Court modified by directing
the OF all parties TO be paid out OF the fund.- and
as modified Judgment ai rmed with costs OF this Court
also TO be paid out OF the fund.-Rco VS.. Harbeson
Judgment affirmed, with costs-Rallwagen VS. Rail-
wagon; Hexter VS. Knox; Campbell Seaman; The
Indiana, Peru and Chicago Railroad VS. Tying; Miller
vs. Irish; Brown VS. Combes; Matthews vs. Aeyoergi
Winston VS. Fitzpatrick; Kcrby DAILY; Hanes
Holster; FaIlon The Central Park and {. Railroad.
Judgment reversed and new trial granted costs to
abide the event-Nelson Tho Mayor; McGrath VS..
Tho New York Central and {. Railroad; Bush VS.. The
West Fire Insurance Company; Burrows VS.. The Erie
Railway; Malone VS. Hathaway
judgment affirmed costs OF all parties TO DO paid out
OF the estate Ross US. Roberts
judgment modified in accordance with. the opinion
Of Judge Rapalo and as modified affirmed Judgment to
be settled by Judge Rapslo Belmont We Pouvert
order Of General Term affirmed, and judgment
dered Qr defendant on verdict, with cos.s.-Brewser
VS. Taylor.
Judgment med-Murphy VS. The People
judgment FOR plaintiff reversed and new trial granted,
costs TO abide the evcnt--Graves vs. Stewart
MOTIONS
No 100 Chapman VS. O'Brcn Judgment affirmed
by stipulation on motion Of n G. Moak.
Cardot VS. Barney. Motion Tor reargument Walter
w. Holt FOR motion; $. $. Rogers opposed
No. 2o50 Tho Atlantic and Pacific Telegraph Com
pany Barncs.-Motion 10 dismiss appeal Charles
F.
Quincy vs. whtc-Mouon ior reargumcnt b. +.
Blair for motion; 5. Hand opposed
The People. &c, VS. Hortou.-Moton TO dismiss mp
peal. NJ. A. whitney for motion; G. A. Scraggs op-
posed
Chapman vs. Montgomery Motion TO amend
mttitur. L. W. Russell for notion Edward C. James
opposed.
No 2&7 Lyon vs.. Wilcox.-Moon to dismiss appeal.
j. W Dininny for motion; George b. Bradley opposed
AFPEAIs FROM ORDERS.
No. o5l The People cx rel Atkinson VS.. Tomp
klnS-Argued by : Hand, OF counsel for appellants
aud by II. Gedney for respondents
No. 800 Cornelius T. Schcrmcrhorn. appellant
Fernando Wood, rcspondcnt--Upon motion OF William
Allan OF counsel for respondent Judgment affirmed by
default, with costs.
No St6 The People ex rel. The Mayor vs Pcndlc
ton; Tho Mayor, &c, and Tho Mayor &c. vs. The
New York aud Staten Island Ferry Company two
cascsl Argued by A. J. Parker ot counsel for appel
liant, aud Lyman lrcmsn Tor respondent
No 34a William Z. Clancy, respondent vs Jere.
mah H. sedwel and others, impleaded, SC, appel.
nts-Submtted
No s5l William B. Duncan ct al respondents We
Magarct u. Kaions, appellant-ArgUed by Pe,er Nit
che OF counsel for appellant, aud John W. Weed for
respondent
No 327 In re app. n Y c. and c. r. r. appel.
lants for the appointment Of commissioner Sc-
Argued by A. p. Lanng Of counsel for appellant and
submitted for respondent
General calendar No. 12e Barlow Mycrs-Areu-
ment resumed and concluded
Proclamation made and Court adjourned.
CALENDAR.
The following Is the day calendar. Court or Appeals
for Wednesday January 10, lS56.-Nos. l30 $50, 90
l93 l3o, lao, l4l aud lf3