The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-05
DECISIONS.
SUPREME CoURT-cHAMBERS


Cooke va wandelL-As the bill OF particulars which
has been demanded by the defendant has not been
brought; il therefore denied without costs and with
leave 10 renew after the service OF the bill Of par
tcularR
Mar.ier VS. Marlier-Report Of referee is confirmed
and Judgment OF divorce IL granted 70 the plaintiff
Borst winckel. Motion to place cause on tho
special calendar is granted and cause set down for 18th
Mills VS. Rodewald.--The General Term having
fused TO dismiss the appeal in this case think that
would be competent for 10 relieve the APPELLANT
II the forty fourth rule has not been complied
with As the exceptions were filed before the plaintiff
named under the forty fourth rule, l think that upon
payment Of $40 costs Tho appellant 10 entitled 10 an
order that this BIO deemed 10 have been nlet in time
granted
owen VS. Groesbuck; The Dale Manufacturing Com
pany VS.. Watson; Archer VS.. Ians0n---Granted.
Arthur VS. Higg,ns.-Order granted for allowance.
George VS.. FaIk; Levcridge vs. Waterbury; Cook va
WandcL-0rders granted.
Robson The james ST. John Stationery Com
pany.--Notion is denied without costs.
Koehlcr vs. whelin.-The default is opened on pay
ment OF $40 costs and upon service Of answer In ave
days from date; Judgment TO stand security.
Hecrmance vs.. Tayior.-Case and amendments a.
Crankshaw Va Langley, cannet accept this afi-
davit.
O'Bren VS. Browning GIN this case deny the mo-
ton tor the that for the interest OF all tho
parties there should be receiver, and the jury
having passed upon the issues adversely to the de-
PENDANTS does not 70 TO be proper that any
stay should be granted to prevent the officer OF the
court from taking possession Notion denied without
Dlckorhon ct al vs. Taylor and another Order
granted dlssoving attachment
Niles va shaw.-The preliminary objection that no
demand OF the account made before service OF the
order to show must DO sustained Code 1851
But, as understand counsel, that upon payment OF
costs of motion he would be willing furnish such
count shall direct that upon Of $40 costs 10
them the plaintiff have ten days thereafter issue 70 be
OF original date and short notice 10 be accepted
Northrop VS.. Hewitt-The case OF Chemistry Sted-
WELL cited by the plaintiffs counsel seems to DO con-
elusive upon this motion The learned Justice TO
farm rrtpuft
In the exercise OF his discretion, granted the order,
with that discretion cannot interfere, nor can as
exercised (See Gemy Stuart, Court OF Appeals IN
Now York Weekly Digest, March ID, $780,
BY Judge Daniels.
Goodman and another VS. Guthman. Opinion.
BY Judge Barrett.
Lorillard VS.. Clyde.-Motion for mandamus denied,
with $40 costs, but with leave upon further
Prince W.. Conner. &c-The present surety In amply
sufficient and the is tho three
ties-should be approved.
Matter OF the petition of Davis-Thc Court has
jurisdiction in this matter but, as IL suggested that
the Comptroller desires the opinion of The Court and
proceedings looking TO that end have been taken
see no objection to the expression OF opinion have
be large yet II amply justified by the vari
ETY. and extent of the service rendered The referee
could not have reported otherwise tho proofs and
his report ought to be confirmed.
Matter OF Hunter and another SEQ nothing in this
matter TO justify the allowance asked for, although the
amount large, the account TO have been
mere transcript from the well kept books Of the
trustees There but four meetings before the ref
erco, and the matter was not complicated or difficult
think 500 the referee $3.50 petitioners counsel
800 TO Mr. Stevenson and SIS to Mr. Friend will be
ample compensation for the services rendered
Porter and another VS. Norris OF aL-Rcport con-
nrmcd and order Tor distribution granted
SUPERIOR CoURT--sPEcIAL TERM.
BY Chief Justice Mcneil
The National Park Bank OF New York vs.. Gunet-
Motion granted, with $40 costs, to abide event
Lambrecht vs.. Meaghcr.--U undertaking. approved.
drummer, Jr, VS. Shatercr. Order denying motion.
Strickland w. Strickland. Reference ordered.
Nina Charm Adoph Charn.-Judgment Of di-
vorce in plaintiffs favor.
Travcrs va O'Brien ct al -CommIssion ordered.
Wheeler &C., vs. Small ct aL-0rder denying mo-
Baird Ct al VS. Bloodgood OF al Cormer ct al va
Balty; Bank de Paris ct al vs. Schucnardt; McGuckcn
vs. Alexander ct al Cam Thickbroom ct al Lay
Colgate ct al Mandeck VA Bcldcn; Yerks, Jr.,
Same; Gwynne vs. Same; Keep ct al VS.. Same; Yerks,
'Jr, vs. Same; Vaudeville VS. Same Thurbcr ct aL VS.
Hughes; Constantine vs.. Rapp; Harris ct al Stew
art; Meyer ct Al. VS.. Schmidt-Ordcrs granted.
COMMON PLEAs-sPECIAL TERM.
BY Judge j. +. DAILY.
Meyers va Bennett declaration ordered See
Coiwell VS.. ColwelL-Divorcc granted 10 plaintiff
Ferroplasic Manufacturing Company VS.. BckcI-
bought Security Tor costs IN $3.50 must be filed
Meyer Bennett Motion granted.
Brown VS.. Volkcning. Motion Denied without costs.
jackson VI. Jackson.-Moion granted.
The Groccrs' Bank VS.. Meai.-As II IS questionable
whether this cause can be tried hour, and as II
will DO speedily reached the general calendar, tho
motion is denied, without costs
MARINE coURT-CHAMBERs.
by Judge McAdam.
KoppeI vs. Aiken.--Judamcnt vacated.
Back vs.. cnicim.-Moti0n granted
Corey Bates -surcties approved.
Manhattan Company w. St John.-Deposition ap-
proved
Gross vs. Culbertson. ordered TO satisfy
the part Of claim admitted.
Thomson VS.. Mcssengcr--Motion to vacate arrest
denied aud case ordered short calendar.
Cunningham VS. The Mayor &c.-Order ficd
Scnwarz vs. Warning; Ciafin vs. Levy; Tracy W.
Costello. -Motons granted
Hale VS. Rohc Order OF April 20 vacated.
Isubins VS.. Tho Brewers and Maltstcrs' Insurance
Company. -0ranied.
Easton VS. Newman. Motion denied, with $40 costs
Thomson vs. Messenger Notion to vacate order or
arrest denied, with $40 costs.
Tho Amana Society vs. Joncs.--Order granted.
<,nTIDT on GENEDAT cECCTnNyc