The New York herald., 1876-09-20
COURT OF APPEALS.
ALBANY, Sept. 10, 1877


DECISIONS.
In the Court Of Appeals to day. the following deci-
sons handed down.
Judgment reversed and new trial granted, costs 10
abide the event-Dulany vs. Ferguson; Baker vs..
Drake Fagman VS. Knox; Marsh Dodge; Moss VS..
Hustled; Day VS.. The Mayor; Haas y Brien; FAR
fax VS.. The New York Central and G. r. L. Company.
Judgment affirmed, with costs Fisher Banta;
Rea vs. The Central National Bank OF Troy; Simmons
VS. Van Etten; Fulton vs. Whitney; Miller VS. Barber;
Markham va stowe; Sage vs. woodn; Watkins w. Will.
cox; Schreyer VS. The Mayor; Donnctt The Mayor;
Callahan Va Tho Mayor; Smith VS. Hall; Mercer VS.
vose; whtmore vs. The Mayor; Wallack VS. The Mayor;
Traphagen VS. Burt; Wait vs. Ray; Cook VS., Allen;
pany; Maher VS.. The Central Park Railroad Company:
Schenck vs. The Mayor.
Order OF Geuoral Term reversed and judgment on
verdict affirmed, with costs-McColl VS.. The sun Mu.
tual Insurance Company.
Order of General Term reversed and judgment on
report OF referee affirmed, with costsrhe Guardian
Mutual Lie Insurance Company VS.. Kasnaw
Orders OF General Term and Special Term reversed
and application denied with costs-In the matter Of
the Deansyile Cemetery.
Order affirmed, with costs.-Wright VS.. Brown
Judgment affirmed. fully VS.. The People
Appeal dismissed, with costs.-Whtney VS.. Towns
Order OF General Term reversed and that OF SPECIAL
Term affirmed With costs.-The People, ex rel Board
OF Education Greon.
Order of General and Special Terms reversed and
application denied, with costs-The People, rel.
Rool VS.. Tappan.
Judgment reversed and new trial granted, costs to
DIDO tho event unless plaintiff shall reduce his judg-
ment for damages So lO4 in which the udgme
must be affirmed as modified, without costs OF appeal
to this court TO either party.Schenck The Mayor
Motion tor rcargument denied without costs.-God.
frey VS.. Moser
Motion granted upon condition that appellent shall
within ten days after notice OF this decision, pay
spoudens attorney so costs OF this and costs
OF entering default and serve upou him three printed
copies OF the case as required by the rules OF this
Court--Stcrniels VS.. Clark
Motion for rearCumcnt denied without COSTS and
motion 10 correct rcmittltur denied without COSTS
Wilson VS. Doran.
Motion granted, with $40 costs Of motion and costs
Of appeals up TO time OF motion.-Cowdn vs. Tcns.
Preston VS. Morrow, Barnes vs.. Preston n-Motiou TO
amend remttitur as TO costs Samuel Hand Tor mo-
tion. Motion postponed
Hall Vs. Shoehan. n.-Motion to open default. f. r.
Bullard for notion w. E. Osborn opposed.
Punkctt VS. Appleton.-Motiou to adjust costs r.
f. Shepherd for motion; Frederick L. Cleveland op.
posed Motion denied, with $40 coets.
Central CITY Savings Institution vs. Walker Motion
for reargument. s. Hand Tor motion: Francis Ker-
nan opposed.
Gourey VS.. Campbell lL-Motion to amend rcmittur
c. f. Brown for notion Robert Johnston opposed.
Dolbeck VS.. Thatcher r-MotiOn TO dismiss appcaL
A. b. Waldo Tor motion S. Hand opposed.
APPEALS FROM ORDERS
NO 399 Patrick Byrncs, respondent VS.. Jacob
Drum, appellant Argued by George A. Black for up.
pelIant; II. b. Place for respondent
No, 394 Edgar Holmes, appellant The Farmers
Joint Stock Insurance Company respondents Argued
BY j., @. Cochran for appellant, j. A. Stuli for re.
No. S9s Thomas Clark respondent, vs. James E.
Lyon and Others appciIants-Argued by John Hubbell
for applicants, submitted for respondent
GENERAL CALENDAR
No. 23S Joseph Seligman and others, respondents
VS.. Tho South and North Alabama Railroad Company
appellant Argued by W. H. Peckham for appellant,
James C. Carter Tor respondent Case still on.
Adjourned
COURT OF APPEALS CALENDAR
Day Calendar for Wednesday, September 20, 1876
Nos 25l, 253 254, 256, 50, 257 259. 26o