The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-13
DECISIONS.
SUPREME couRT.-cHAMBERs.
By Judge Donohuc.


S,anly vs wood-Ordcr denying motion.
Cook vs.. Congratulated for fourth Monday.
Cook VS.. Grangcr-Motion denied without costs
BY Judge Lawrence
Kitchen, &c, VS.. Stern-Granted
Legreo VS. Legree Report OF referee confirmed and
judgment Of divorce granted TO the plaintiff.
Haskn vs.. Kitchen, &c-lf the defendants were as
signces in bankruptcy they would not have been on
titled stay proceedings for the foreclosure Of tho
plaintiffs mortgage lEystcr Gof, Albany /. vol
ume 10 page 212l The voluntary assignees OF an In
solvent should not stand in bankruptcy Besides, as
PENDANTS have not elapsed, cannot assume that the
assignment will not be attached and declared void in
i. j., volume l3 page 100 The Globe Insurance Com
pany The Cleveland Insurance Company, h. page
305l Motion denied without costs.
Haskin vs.. Phillips --Motion granted.
Muller VS. Jacoby OF aL-The surety, Bertha Aaron,
do regard as sufficient tGrossnan VS. CRUCES,
How, page co., The undertaking cannot therefore be
approved -,
paid 10 general guardian granted.
Matter OF GbertThe petition on its face, asks the
Court allow the committee OF the lunattc Tor taking
care OF the estate OF tho iunatc greater rate of
pensation than he Is by law entitled TO. How can tho
Court grant such an applications
SUPREME coURr-sPECIAL TERN.
BY Judge Lawrence.
Green ct al We. Lovcridec ct al Tho pleadngs in
affidavit stating the grounds on which the advance
ment OF the upon the calendar Is asked lor
Counsel must band in the peadings, with some state
OF his Tor believing that he Is entitled to
have the preferred
Bush VS. Miilcr ct al-rhe preference allowed under
chapter - OF the Laws Of 1875 10 be confined to
actions expressly brought Tor the purpose OF obtain
ing construction OF will or nh adjudication therein
laws 1870 page 29.) This action Is brought Tor Tho
partition of real property and the ADJUDICATION upon
the will mentioned on the complaint becomes ncces.
sary only because the defendants claim other and DIFF
fcrcnt rights under the will than those stated the
complaint Laws giving preference on the calendar
should not he attended by forced construction aud
the action is not brought expressly tor the construc
non Tor adjudication upon a will the motion 10
dcuisd.
BY Judge Van Worst
Willard ve. Ferguson G. al.-Findings ana decree
Pain ct al VS. vilmar to rcsettle findings Of
Nelson We. Tracy, &c.-Mcmorandum for counsel
overhiscr vs. Dean ct al--Judgmcnt Tor plaintiff
SUPERIOR coUET-srEcIAL TERM.
BY Judge Sedgwick.
Handren OF al VS. Spolord ct al-Commission or
The National Park Bank Of New York VS. Cohen
Ordered on special calendar for the 18th Of Juno.
Hasscll VS.. Kamak ct nj --Rcicrencc ordered
Walker vs.. The New Central Company OF Maryland -
Undertaking approved.
Fry VS.. schipper ct ai--ordcr for publication.
Peck VS. Morrs--Ordcr on the short calendar for tho
fourth Friday IN June.
Mccarthy vs. Thomas ct al--Refcrcc's report
Drummer vs. Drummer Motion denied, with $40
costs to plaintiff
Lchnaer V. Watson 9. al Peck vs. Morris; whciin
The Third Avcnue Railroad Company; Poillon vs.
Lawrence ct al Wander Roest HERMANN The Gould
Machine Company Va Wide CT al Taylor ct al VS.
kyscr. inEersn vs. me lchth Natlonai BANK seminal
OF al vs. The Western Union Telegraph Company ;
Berwick VS.. Welsh. Orders granted
BY Judge Curtis
Holmes vs. Holmes.-Proposed case and amend.
mcnts settled.
COMMON PLEAs-sPxc1AL TERN.
By Judge Van Hocscn
wilds vs. Beauy.-Motion granted SEQ memoran.
dum.
Miller vs. Miller Motion denied Soc memorandum
Martens vs. Ma, tens Order OF reference granted
TO defendants ability TO pay alimony and counsel
Tee
Aston vs. Corwiu.-Dccrcc settled Sec mcmoran.
dunn
ny Chief Justice c. +. Daily.
Howcns vs. c!n.--Dccrcc settled.
MARINE corET-cHAMDEns.
by Judge McAdsm.
Doyle vs.. Williams Motion granted. without costs
South va Thompson. Judgment Tor plaintiff
Hcrdcr Schappert. COMMISSION granted.
Pcpplcr VS.. Thieio--Judgmcnt reinstatcd.
Rogers vs. long.-SccurIty must he hcd
schcnck VS.. Kennedy. Attachment orucrcd.
Gardcs VS. udell--Camplant dismissed
otara VS.. Wcld.--Ccmmission ordered
Hale vs. Koho--MoIion 10 modify granted.
HOughton " Fisher Motion to strike out denied.
Philips vs.. Gardner Motion granted unless terms
are complied with.
Downing Maginp; Hazwcll Lombard. Mo.
tons denied.
Gushing vs. Hoffman. Motion denied, $40 costs to
abide event
Harrison vs. Blanchard ---Judgmen. per opinion
nled.
Ho'ander vs.. weidncr. Prisoner discharged from
arrest under order ana execution.
Colo vs.. Dalton -vrdor will be signed after the stay
Of proceedings obtained OF Judge Van Iccscn - dis
posed OF
Goodwin Dennis; Ringer w. ocrtci Gndcrslcc-c
W.. Parry Davis Locbman uaskins We. The Mayor,