The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-10
DECISIONS.
SUPREME coURT--cHAMDBRa
by in 1ge Barrett

ny Judge Barrett
Hazard vs. Peterson. On the stipulation filed mo-
ton denied without costs.
Onerman vs. Peterson, &c--On tho stipulation filed
motion denied without costs.
Welsh The Ellcnvillc Glass Works.-There Is no
getting over the Tact that tho answer served
cordins 10 law and in due TINE It may have been in
bad ia,ih but u was legal right Interposc and
the plaintiff could only get rd Of II by appropriate
proceeding The plaintiff had no right to enter judg-
mcnt when he did, anu u must he set aside with costs.
Proniy w. swift CT aL--MotIon denied, with $40
costs. M.MsH
By Judge Lawrence.
Spanldlng vs.. Byrncs and Murphy IS. Byrncs This
affidavit The which under the act Of
1888 as amended by Laws OF 1853 chapter IL must 10
shown to cn'i'c the plaintiff 10 make substituted
service Of the summons aud complaint
Ham vs. Ham CT al. 1T Is very doubtful whether IL
will BE- IN iurthcrancc Of justice grant tho amend
mcn asked Tor at this Stage OF the action. As
indisposcd. however 10 make any order which may
prevent tho whole from being presented to the
Court, have concluded To allow the amendments on
condition that the defendants pay all the costs Of the
action up 10 date ana $40 costs OF motion. The
viii be placed also the short calendar under the
der heretofore granted
Hatch - Hoffman, &c-Andavt docs not show
that The third party 10 be examined has property OF
the judgment Debtor cxccr,ling $40 Code, sec 2pl
llannenschlag VS.. f.anncnschlag.-l will grant an
order that commission issue. but without stay As
the appears 10 he upon tho day calendar Of tho
Special Term, shall leave u TO the justice holding
branch OF tie Court TO determine whether the case
should be postponed unit, the commission bc returned.
In The matter OF Browning. Report confirmed and
order granted.
Murphy vs. The Tchauntcpec Railroad Company ana
ano.-l think that the defendant may have order
declaring the ut abaed but order Of discon,in
uancc.
Tarllcr Small think that neither surety is suf.
1ccnf
Black W. Tie Continental Bank regard the state.
mens IN tho moving adavi,s altogether general
to warrant The granting Of the Inspection which IS
asked for. The motion Is denied, without costs SEQ
Walker W. Granite Bank, ~ Abbott, Ill; People
Trinity Church. Abbott. liz.
stone vs.. kuhn.-i wish 10 be informed whether the
stipulation Is signed hy all the parties their nttor
not show she amount OF the Judgment.
The Amoskcag savings Bank vs. The Rraiy's Bent
Iron Company, &c.-l want the original bond in tins
case
Cazaic W. Goctzman - cannot grant this order
In the matter OF Wie,t tdcccascdl II think that
there shoui be n reference IN this matter
Walter Va Walter IT aL Emo Burchcll Nos l
aud 3; soper Byrns, No /; Maine vs. wllloughby;
Matter ol Elliott.--,;rantcd.
wychon ". Barlow ct al-ordcr granted.
ny Judge Barrett.
In the matter Of Hunter, Sc--Upon reading the
adavl's presented by the respective coansc. think
the allowances should be larger than the orig-
nay hSc.i by me have accordingly fixed the allow
ot rctnoncr's COUNSEL ut S+so: Mr.. Stevenson,
500; ,hc referee, si5oi and Mr. Friend, sino
SUPREME couRr-sPEcIAL TERN.
Nv Judge Iarrcrnore
Bernhard Carrie ct al Judgment for plaintiff
the demurrer, Win leave 10 defendant 10 answer on
payment oi costs
SUPERIOR couRr- SPECIAL TERM.
NY Judge Mcneil
Elvcrson VS. vandcrpocL Motion for order staying
proceedings denied. OPINION.
w"odvs Mu.ock The papers do not furnish sui
ncicnt proof TO enable 10 the OF the
subject matter iuyolvtd The allowance must be cst
mated upon suen value, which The value Of the
plaintiff interest IN The property. require proof OF
the gross value Of The properly, Mrs McocEs age and
Nv OF Gilbcrts Will
The National Park Rank Of New York vs. Gunst:
Townry -. Dunn. --urlcred on snort calendar.
Cornell vs. Schue,thciss et aL-xc crcncc ordered
Hoffman ct aL v. Niniar Demurrer ovrrrulcd. with
costs.
by Judge Spcir
Matter or Ahlbom &c.-Motion that the order Of