The New York herald., 1876-12-13
DECISIONS.
SUPREME CoURT-cHAABxnR

By Judge Brady.
Schwcckcndieck Cole. There II issue, the
only defence Is shown to be sham. Motion granted.
spencer VS. Van Doren-Dciault opened on pay ment
Matter OF Denny Order dismissed.
Klein va Wolisonn.-Dv0rce granted.
! The People, SC, w. Devln.-Opinon.
Rail- Va. The Silver Spring Paper Company; in the
matter OF Farley, and stotesbury vs. hcLean-I wish
TO sec counsel
625 627, 629 and 63l Third avenue-Order declined.
Moser vs. Striker -hotion granted on payment OF
Opdykevs Bell and Rail- va The Silver Spring Paper
Company y-Motions granted.
Matter OF Maxwell, Gc.-Opinion.
Roscnfed vs.. Heaily; Van Ceef vs. Hustled; Earle
va Duryca lnsee VS.. Hampton; Rail- VS.. The Silver
Spring Paper Company; Hcppn vs. whitmorex. and
Gade VS.. Schocnberg. .-Opnnion-Bal reduced to
81, $50 or trial advanced
BY Judge Larremore.
Foley VS.. RaIhbone-Aiter consultation with Judge
Barrett direct tho entry Of order. .
Bresiin VS.. 0alkeung Writ allowed
Matter OF Gilderslccve and mattor Of McLeay.-Or.
ders granted.
BY Judge Lawrence.
Matter OF v. y. MiddebeIger.---The only doubt
which entertain tho propriey appointing the
proposed, and who is established by the tcsti
tee the iact that il appears that while ho
does business IN this city lie Is not resident OF this
the State he not subject to the sdction OF the
Court as II seems to mo trustee should be.
suPRlME coUaT-spECIAL TENN.
BY Judge Larremore
kimball va Newton aL-Ordcr settled
BY Judge Van Worst
Nolan vs. Harris.-Moton Tor new trial denied.
OPINION.
Herrles vs. NorvelI ct al --Judgmen: for tho plain.
TN the demurrer, with liberty TO lhedeendant 10
answer on paymont OF costs. Opinion.
BY Judge Donohue.
Sturges, &C., VS.. Drew ct aL--Findings settled.
By Judge Barrett
Marx vs. Krooks Ct al.-Findinss and decree signed.
Luddngtou VS.. Slauson. &c.--Fndings signed.
Thayer VS. Marsh.--Dccision signed.
Goiendorf vs.. R!ltorbaud ct ai-rhe plaintiff
regular aud the defence intcrpcscd not suggestive Of
inuch merit but as there may possibly be something
In tho defence, and as the Court averso 10
shutting parties out win open the de-
fault; but tso that the favor may not work tho
injustice Of delay upon somewhat stringent terms
Inc defendants must pay tho costs Of the term, ncad-
ing disbursements OF the trial $40 costs OF notion
They must also stipustc 10 refer the issues to Mr.
Pnlo +. Ruggics, aud 70 proceed &c trial before him
on two days notice, aud then to Try the same, without
nncnt DO actually necessary 10 complete the
trial dc dio iu dicm the II the trial in
open court Unless these costs paid aud stpula-
tou gvon within nvc days the motion IS donicd, with
SO costs
Jcssup ct al. vs. Tho East Alabama Railroad Com
pany.rreatng tho case somewhat analogous 10 the
foreclosure oi mortgage tho plain may be entrtled
70 IN extra allowance. but the amount exceed
500 " tue other section OF the code no allowance IS
admissible, rs there may 30 general equity power ia
tile matter but would rather keep WITHIN the statu
tory 5000 Judgment accordingly.
SUPREME COURT. cfRcUIT-PARr 8.
BY Judge Larrcmore
Hartman vs.. The New York Sanitary and Chemical
Compost Manufacturing Company. Case settled
SUPERIOR couRT-spEcIAL TERM.
BY Judge Sanford
Mcneaghan VS.. Nchols.-Ordcr substituting nttor-
ney granted.
by Chief Justice Curtis
Smith vs. Smith. Order sctticd and signed
Boyer ct al. VS.. kester et al-Judgm meut signed
burch rs. schambergcr : Order dismissing action,
with Sl0 costs Of same
In the matter OF tho petition OF Martinez to amend
record, &c.-Ordcr granted.
COMMON PLEAs-spKcIAL TERM.
By Judge Van fiocscn
Gilroy vs. Hine.-The paragraph 10 evidence, and
not fact 10 be alleged IN pleading II is question
able whether the defendant Is aggr,cved, ana The mo-
ton is granted without costs.
Dcllols Vs. Tanen. An allowance OF 500 Is fair, and
should be made
Diossy VS.. Foster. Judgment signed
Taylor yS The Mayor Taxation affirmed
Gsntien vs.. Starta--Motjon for q receive. denied
BY Judge tarremore
Davis VS.. The society Tor the Prevention Of Cruelty
TO Animals and another. r.-Ftndings settled
BY Judge J. y. DAILY.
Wolf Va N. l.. Sick Fund d--Motion denied. Without
costs NO m!smanagement or bad faith shown.
MARINE coURr-cHAMBKRs
BY Judge McAdam.
Boil vs. Watson; Fcndcrloin W. Esbach--Opinions
Boukopsky vs.. Seligman.--Commisson ordered
without stay
Metzinger va wiIde.-Dcfault opened and cause re
stored 70 calendar for December 10 1870 $40 costs TO
plaintiff to abide evcn;
BY Judge Alker.
Herrick va Lafan.--Casc settled and 1lcd
by Judge Sheridan
Truman Va, Dayton.-hoton 10 discontinue granted,
with $40 costs.
The Star Publishing Company vs. Tho Elastic Truss
Company.-hoiion 10 80 far granted a. 10 set aside