The New York herald., 1876-10-24
SUPREME coURT--cHAMBEls.
By judge Barrett.

BY Judge Barrett
Pacific Mail Steamship Company VS.. Commissioners
OF Taxes, &c-The proceedings sought 10 be stayed
not cnforcem OF the judgment AS well might
plaintiff who had sought the foreclosure
OF chatei mortgage alter the dismissal OF his bill ask
oI the injunction on appeal because he
had stayed proceedings under the judgment OF ism,s
sal The answer Would be thai the mortgage was not
being iureclosed by OF tho Judgment The motion
must DC dismissed, with costs
Piatt VS.. Desraw.--Aner iuii consideration have
concluded that perhaps the paintn should not by an
unconditional dissolution oil the temporary injunction
he deprived Of Inc opportunity OF sustaining tais bill
upon the trial at time. Ny mind Is unchanged
10 the suggestion thrown out upon tho argument,
but by continuing the injunction pendente lite Mr.,
Degraw II an honest holder OF thus judgment, cannot
be seriously prcluliced Tor the statute as security
amply protects him Il Watts, section =. 90-s2). The
,uiunction NAV therefore bo continued upou the
pla,nun depostng the iuii amount OF the Judgment
and executing bond or damages and COSTS or instead
executing bond with two good suretcs to pay Tho
1udgu,en nt damages and costs IL the deposit be not
made or the gwen within days the injunction
DO dissolved, with $40 COSTS order 10 DO settled
Washington Iaic Insurance Company vs.. Hsch-
haucr q1lte clear that II the fourth mortgage
such suit he would thereby have secured the results
which prior MORTGAGE had procurcd-a similar up
pointmcnt 10 Paige 43. There Is good reason
why he should be deprived OF tho fruits OF superior
dcngence because he proceeded as defendant this
action !. would 30 inequ.aole q. nus ia,S day to
trary TO settled principles The motion must there
fore be denied
Williams vs. O'DonnelL- Allowance or $500 to
plaintiff . attorney and $3.50 10 Mr.. Byrncs.
Dcmerrst W.. Beidren.-Moton granted but without
costs as doiondAnt has dlligcnt moving.
In the matter the National Butchers Drovcrs
Bunk--Motion denied, without costs and without
prejudice any application which the petitioners may
bc advised To make ON bill nled.
Handren Rooker-lt Is not customary TO put
tins class oI actions on The Special Circuit calendar
On the reargumcnt the motion IS Denied without costs
In the matter OF regulatinD grading and improving
Eighth avenue presume as nothing has been heard
IRON petitioners counsel that they are satisfied
this proceeding cannot be sustained. II seems
10 alter going over tho papers; tho application
therefore Is denied. with $40 costs
Cruiser VS. Tompkins The claim not unreason-
ably resisted aud the application for (othcr
than dsbursemsnsl and extra allowances must be de-
Med
Piummer vs.. Belden. default opened payment
within days Of term trial ee disbursements OF
INQUEST. &c, of Judgment and $40 costs OF opposing
motion and stpulatlng within such two days 10 try
the action on the 26th lust, Judgment and proceed
ngs Hereunder stand security such costs
not paid and such stipulation gwen within such time
the motion is denied, with $40 COSTS
TayIer vs. Mabie.- Motion denied, without costs.
(Sec Lossky VS. Meyer, Land, ch. 69)
Gaylor vs. GsyloE-Ihc plantiu must not invoke
the aid Of the Court 10 enable her 10 live away from
ner husband without just cause Her position on
these afhdavi.s entirely unensblc and instead OF
granting her temlbrary al'mony ana the means OF
prosecuting lecessary suit am satisfied that
shall conserve hor trues interests by advising
her accept The good counsel contained IN the ALL
davit or the aiaEt Kiersted. The motion Is denied
Showcr vs.. shower.-Alimony IS per week and
counsel lee $50.
In the matter Of opening Fort Washington Ridge
Road. Application granted.
Hayes Va Ryan.--rhe motion for rcargument should
he made promptly al the hrsi special term OF non
enumerated or some reasonable excuse shown
or the delay 10 How. 366; Abb, AGO. Something
said upon the argument why The motion
sooner made, hu. noh,ng Of tho kind appears IN the
papcrs-Mo ion denjed, with $40 costs
iu the matter of koitcltas Burkc-I will hear
counsel further in these matters II desired.
Ronads VA Ronxlds.-Report confirmed aud judg
| FrcSch go vs. Gearty-Wnile 1t would probably pc
much better the parties try this action before
referee yet It is not where compulsory referee,
under section 27l, can be ordered The motion must
| be denied, with $40 costs.
NOx vs. Rice.-0rder settled
Tilgham Va Hoffman ei a.-Thc motion Is, In all
spccts, denied, except that the answer served may
stand payment Of SIS costs before uoice Of trial.
$40 THIS motion and disbursements Of entering
Defendant holman may defend on such answer; judg-
mcnt, answer, execution and all proceedings 10 stand
Us security. AS further condition, defcndant Holman
ust slipuate accept short notice trial Nov
Der, the going the Special Circuit cacn-
dar, otherwise the motion H. IN a respects denied,
Naugh.on W. Chave e-Motion granted for nrs. Friday
| OF November
| Tho Mutual Lie Insurance Company VS. Cameron
The iachcs is only apparent The defendant moved
ho learned what had taken p.ace in tho SUIT
and ior the nrst tmc tho question oil his liza
| bility Tor deficiency became practical one. lie
ought 10 be allowed TO plead his discourage upon pay
mcnt Of the costs which havc accrued since the do
c,son or Ike General Term followed by notice OF
trial for the second term and $40 costs OF motion.
tlnue or dscinm any personal claim against Cameron
within twenty days, without costs.
| Bucking VS.. Hanselt section 154 contempatcs a
claim interpOsed bin the twenty days pre-.
scriJed by Law. Here demurrer interposcd and
the defendant has order tor judgment in his favor
thereon. IL would be absurd to move at Chambers
n judgment which the Court 1t Special Term (aftsr
The MOTION 70 vaca.s mus, Oe Denied with SO costs
Cohen vs. CoLcn-rhe dccree should be
opened without notice 10 The plaintiff IN person.
Stein va Carr-Atter careful analysis or the af1da
Wits ia with tho raised by tho plead
ugs, think this moiion should bc Denied with $40
Flint VS. Flint-Tne Court had Jurisdiction, both
over tho person aud the subject matter Tho defend
ant could set the alleged PRIOR MARRIAGE out
aiicd 10 do so and informed his attorney did
not know where the woman was, and would not, under
any circumstances, permit such former marriage bs
used as defence on ali hc iacts am OF tho opinion
present EFFORT vacate the decree is simply
attempt 10 deprive pant, OF the fruits OF the hiiaa-
ton and TO obtain indirectly what the Court, u
rect and after tull hearing. has reiusedviz,
rciiei from dsbursemen. Tho doiondant is still IN
contempt uf tho Decree and should be permit
ted set up what he deliberately refused 10 plead
when he had the opportunity. rhe motion denied,
with $40 COSTS,
Bcgg W. Chave-Mo,ion granted Tor Grst Friday OF
November.
In matter Of Barrett-Ths taxation must be re-
verscd and ali the itoms objected 10 disaowed.
Matter Of Collins.-In one proved that
Collins acted as poundmnsicr and restored the fee al
SUCH the other was proved that he admitted that
he WAS poundnastcr aud his own testimony comedies
the act THIS Case was an aggravated one, from the
that his oppression of people after
he had been repeatedly adnonished and lcncnty dealt
with by the courts rhc ease against him clearly
proved and he should be punished. The application Is
denied
sUpRRME coURT-sPECIAL TERN.
BY Judge Van Worst
Abraham ct al. vs.. smith, &c, ct al-Jndgmsnt for
plaintiff Opinion.
Hcrr,os vs. Novel;. The defendants points aud
papers on submiss on should bo handed in.
Meyer VS.. schiller ct aL--Thcso nIdnes must he
made conform to the directions heretofore gwen
with respect the application Of tho oil 500
the mortgage. See memorandum
SUPERIOR CoURT--oENERAL TRIM.
BY Judges Curtis and Van Worst.
White vs. Bax,cr-rhe judgment appealed from
should be affirmed, with costs.-Upinon by Judge
Curtis.
SUPERIOR CoURT-SpEcIAL TERM.
BY Chief Justice Curtis
Judd VS.. Honnan.--Noton TO strike out second
OF action Denied twenty eighth rule Costs TO
plaintiffs 10 abide event
MARINE cOURT-CHAMBERs.
Bv Chief Justice Shea