The New York herald., 1876-12-27
years. Imprisonment on the two charges OF which he
SUMMARY OF LAW CASES.

SUMMARY OF LAW CASES.
An injunction was denied yesterday by Judge Davis
in the OF Hall vs. Dson This settles the question
OF the contested musical plates, at least for the
present.
In the suit for divorce brought by Jennie Evans
against Alexander Evans the ground OF cruel and
innumsn treatment, Judge Van Worst yesterday, on
application Of Dennis A. Spessy, the plaintiffs coun.
sell granted order directing payment OF $50 counsel
fee and Sl2 week aiimony
JOSIAH S. Grinde, captain OF the American bark St
Mark convicted sentenced to two years imprison-
ment for causing the death OF sailor known on his
vessel as "Long Tom" was yesterday escorted TO Al
bany Penitentary where ho Is TO put in the term OF
his sentence
In The case OF Dr. Flint the teapot medium, Judge
Brady has granted a reference 10 inquire into the
ability Of Flint purge himself or contempt. and
which in point Of tact what his counsel, Mr. George
W. Wilson, has been pcrsisently laboring for during
several months past.
grading 1891 street. from Eighth avenue to Mount Morris
square, assessed GA upon !our lots ara awarded 10
Lundy claims to be the owner Of these lots. Judge
Van Worst yesterday appointed Mr. John ID. Townsend
referee to take testimony in the case
The only trial in the State courts yesterday and this
was 10 dnsh case partly tried, was by Judge Van
Brunt, In the Court Of Common Pleas The SUIT is
brought by William Meyer against Frederick A. Potts,
assignee OF Meyer, Verplanck Irving, set aside
the assignmcn. made by The later nrm in April last
Judge Van runt took the papers, the case being tried
before lin without 4 jury.
In the matter OF the Parish will contest Surrogate
Gavin rendered decision yesterday with regard TO
the Legality OF tho position OF Louis A. Delaield
executor OF Susan NJ. Parish, deceased The Surro-
that Whatever may be the merits OF the qucs-
tion II Is clear that the petitioners had interest In
II way the other, they being merely executors
OF an executor, aud the petition mus, be dismissed.
After careful examination OF the three indictments
against Edward u. Smythe, charged with being I'M
phcated with William +. Veitman and William Leahe
utcrng forged checks for s200 0UO and 10 recover
which suit has boon instituted by the Merchants
Exchange National Bank District Attorney Phelps
yesterday ordered noe prosequi against smythe
aud his honorable discharge IL was believed by all
conversant with tho facts that Mr. Smythe would bo
able to show clear record in The The civil suit
is now on the Supreme Court calendar awaiting trial
before Judge Mr. Ben AMIN +. Russell, OF
this city, and hessIs Morris Pcarsail, OF Brooklyn,
were Smythe's counsel
Mr. George W. wiison brings an action In which an
attachment gran favor OF SophiaWrght against
the Na,ionai Capitol Lilo Insurance Company which
has bed The old American Life insurance Company
for So COO policy OF insurance grained on the lite
OF the late Hiram Wright. In this case the deceased,
IL is alleged paid premiums on his life. policy moro
than the amount OF the policy and If 1t should be paid
up without litigation It amounts TO an investment at
tended with the loss of the interest on the amount
paid in by The insured.
Surrogate CALVIN yesterday iound it necessary to call
the attention OF counsel practising IN his court TO the
dilatory and loose manner usually pracsed by them
in their attendance in court and IN the preparation OF
their Tor iraL Tho Surrogate said that these
gentlemen seemed 10 regard the business OF tho court
something in the nature OF proceedings before
referee, in which they might appear and so on with
their according to the date fixed Tor a hearing
absent themselves and let the case 60 over to suit
their whims or individual conveuieuccs He did not
see why hearings before the Surrogate should not go
from day day in the circuits OF tho other
courts, and he recommended TO the profession that
change be made in that regard
Felix ii. Lyman applied TO MoritZ Josephthal for q
s12 600 loan first mortgage on his property. Jo-
sephthal referred bim to Adoph Levnger to examine
the title. Luvingcr sent Hyman's bond ana mortgage
10 Josephhal, when the latter sent back two checks
for So 900 each payable to the order OF Hyman which
Levinger delivered TO him. The property was found
be already mortgagcd for 81 0O0 TO pay which Hy-
drew Of the $4,000 checks aud gave his own
check for 81 $50 Lcvnger who afterward fed rs de-
fautsr did apply these checks 10 the satisfaction
OF that mortgage but converted them to his own use
Josephtha brought suit 10 ioreclose the mortgage,
when Hyman set up the defence that Levnger was Jo-
mortgage to pay Only the difference between $4,000
and the amount he advanced TO Levinger Judge Van
Worst in Supreme Court, Special Term, holds that Lev
niger agent only examine the title, ami gave
judgment of foreclosure.
Iu the injunction proceedings instituted by Robert
Cushing 10 restrain the Com missioncrs Tor building
the Third Judicial District Court House from paying
which he CLAIMS be due him a contract for the
carvings, there was lengthy argument yesterday
before Judge Davis, IN supreme Court Chamber,
Mcssrs. Townsend and Weed appearing for the plaintiff
and Mr.. Andrews, Assistant Corporation Counsel, on
behalf OF tho Commissioners As heretofore published
in the HERALD the plaintiff alleges that, pursuant TO
the directions of tho Commissioners, he made to the
work material additions to the specifications in the
original contract. 1t was urged on the other hand
that these additions were trnng In character and in
vovinR but slight extra expense DECISION was
reserved.