The New York herald., 1876-12-27
DECISIONS.
SUPREME couRT-cHAMDEEs.

BY Judge Davis.
oppenbemer vs. Won Biela; Wolf VS. Emanuel;
Newman VS. Dickson; Lorilard vs. Clyde.-orders
granted.
Doherty va Bakcr-Motion granted.
Ham Toledo, Wabash and Western Railroad
Company Motion denied.
TINS counsel
Gay vs. Gay.-Dccrce Of divorce granted, but without
See memorandum.
In the Matter OF Burritt-Motion granted, and
United States Trust Company appointed trustee &c.
Hall VS.. Dtson.-The opposing afidavi,s must CON-
petey cover every material allegation oi the moving am
papers that the motion 10 gran, SC, TO continue the
injunction order must be Standardization denied,
with $40 costs.
Ludinxton VS. siauson.-Motion to open default
withou. costs On conditions that defendants spulse
that the case be put on the January calendar si1 for
trial without further notice. and be brought 10 trial IN
due course without interposng any technical objec-
tions delay.
Ludington vs. slauson Motion for receiver granted.
Henry L. Davies Jr appointed receiver on executing
bond OF 81 900 with usual directions that tenants or
occupants allow TO him tor the rent Of the premises
Sc $40 costs OF this motion TO abide event and DC ad
justed TO plaintiff Ac.
Pcoula starch Company vs. Tox-The order OF ar
appears to have been granted by the Court before
judgmcnI The defendant was therefore properly
charged in execution. There seems TO be little
TO doubt that he received the money In a fduciary
capacity and converted the same 10 his own use His
motion discharge Denied but as the papers show
that $50 trial fee improperly taxed against him
the denial Is without costs
Greene VS. Batier.-l think the except ons to til Q
answer should be oycrrued The answer substantially
purgos defendant OF all intentional contempt Tho
~
not shown that any injury has occurred from the non
production OF tnen by the receiver The defendant s
willing. and has always bccn to deliver them TO the
receiver on demand think tho order ot attachment
should be discharged on the defendants delivering
the books mentioned in his answer within ten days
after OF order herein and service thereof without
costs OF proceeding TO either party.
DenIke W. New York and Rusendae Lime and Co.
mcnt Company-rhc motion Tor a receiver in this
should be granted unless the defendant Harncy will
stpuate within two alter service OF copy of the
order to be entered on The foreclosure OF his mort
OF tins action, and tho defendant Tomp.
kins within same time ssipuatc not to
men, til after such trial aud decision and unless all
the defendants stpalae 10 refer the issues IN this
counsciora,-iaw. and 10 proceed without DELAY with
the trial thereof II such stipulation be not gwen
securities &C order to be settled days notice.
By Jsige Lawrence.
Sheridan VS.. Hopkins.-Granted.
Flint vs. Cunnor.-Ordcr granted.
RyersoE vs. Brmagin- Order as settled. Memo
ranarm.
Zerega vs. Neutrality-suspicious. and amendments
settled.
Imprisonment Is denied, With costs Opinion.
Mckin va. Green, SC, ct al Motion to vacate or
der restraining the Comm OF Public Works is
granted Motion for percmptory mandamus Is denied.
Bright vs. Milwaukee and st. Paul Railroad Com
pany AL II see reason for changing the opinion
heretofore expressed by me, and also OF the
opinion that the orders proposed by the deisndants
Coun3cl ShoNu DC cbtcfeu
Lyon W sulzer.-The injunction should be modified
as 10 permit the deienuant Livingston 10 prose.
cute his action agaips. Suzcr see no proprie,y
tying up all The trust fund. The injunction should
be further modified so TO AFFECT only tho fund OF
Sqs2 81 and much OF the 81, 500 Iund will tc re-
quircd to make up the amount OF 500 mentioned
the Injunction order TO be settiod on two days
notice.
Bailey vs. Dodgc-Thc denial contained In the last
paragraph OF the answer Is not It's face denial Of
each and every allegation IN the complaint not
,crein before adnittet denied, but the
ill 10 frlg AC Cntl
each and every material allegation on said
complaint contrary TO or inconsistent with any OF tho
allegations tuis answer not heretofore admitted or
denied III The pcadcr intended 10 deny each and
every allegation Of Tho complsnt, other than those
that he hal previously admitted or deacj, hc certainly
has not said So The defendant Should however,
have leave 10 at Chambers TO amend his answer,
and IL In consequence Of tho decisions referred TO by
defondants counsel 10 should bc deemed advisable "s