The New York herald., 1876-12-22
SUMMARY OF LAW CASES.

counsel OF the German Legal Aid Society," Tor
the plaintiff. and Mr. ~ NJ vail for the defendant.
SUMMARY OF LAW CASES.
In the suis OF David kaufman against Mary +.
Osborne and others for malicious prosecution, tried
before Judge Donohuc the facts of which have been
published, a verdict was given for the defendant.
Before Judge Sanford there was further argument
yesterday the Injunction proceedings instituted by
the Central Crosstown Railroad against the Blocker
street Twenty-third street and Christopher Tenth
street railroad companies The argument Will be re-
sumed this morning.
Judge Sanford yesterday denied the motion TO
frame for a trial in the suit OF Charles G.
Smith against Mary A. Cantre. This is the suit made
famous by the observation OF Judge Freedman that II
took thirteen men in his court to give verdict in
case.
yerdic. was yesterday given for the defendants in
the suit before Judge Lawrence brought by Jacob DO
graaf against solomon smms and Robert Lcvins. Tho
suit for S. 900 damages for alleged SANDER anu
malicious and imprisonment
A judgment yesterday directed by Judge San
fora TO be given in favor OF the Baltimore and Ohio
Railroad Company In the suit against John H. Inlay
and Henry W. Berram The latter as agent Of the COM
pany rs charged with cmbezz.rg 81, 204 IS, and the
suit was u bond Tor 81, 900 signed by himself ana
Inlay
on certificates OF the Board OF Trustees OF Morrsana
The case was tried yesterday before Judge Scdgwick,
OF tue Superior Court. certificate for $500 with
drawn by consent OF counsel and verdict given Tor
x3l2 Is, the amount OF the other certificates.
4 sut brought by Emile Won Sehoening against
oxShcrln Brennan was triea before yuage
was for the seizure OF morse, carriage,
harness and sleigh claimed by tue plaintiff under
chattel mortgage gwen by Dr. Huger. Some interest
ing legal questions were raised AID discussed which
ended in the final dismissal Of the complaint Mr. A.
IL Reavey appeared FOR the plantn and Mt booKstaver
for he ex sheriff.
Charles Berth, who was committed 10 the Tombs
the 18th nst for shooting his WIFE, Catherine has ap-
piled through his counsel William r. Howe, for writs
Of habcas corpus and certiorari he seeks the inter-
position OF the Supreme Court 10 release him IRON I'M
prisonment the ground that he is guiltless. Judge
Davis, at Supreme Court. Chambers, granted Mr..
Howe's application and made the writs returnabe this
morning.
An effort was made yesterday bring to trial before
Judgc Van Hocscn holding special Term OF the Court
Of Common Pleas, the suit OF Pasten Vs. The New fork
Elevated Railroad Company Judge Van Hoesen said
dd propose TO bold court during tho holidays,
and as he already had two cases before him which
would occupy all tho intervening time he could not
proceed with the trial this IL accordingly
placed on tho January calendar, and will probably be
one OF the earliest called TO trial.
A decision gwen yesterday by Judge Van Worst
in the suit brought by John knowlson and others
against Sas Belts and others The suit was Tor the
partition aud sale OF the steam propeller w. +. Ben
son. one-tfth interest in which had been mortgaged
BY william w. Belts to Sias Belts. Judge Van Worst
held that there precedent for such sale, the
majority OF the owners opposing that the sale would
be against the rights and interests OF the other own
and against the known policy OF the law with re-
spect to such property and Its use.
General Daniel Il. Sickles, who mad been called as
witness the OF Goodman VS.. Tho Mayor. await
ing trial before Judge Lawrence but which was not
reached tho calendar made his appearance IN
yesterday responsive 10 the summons He chatted
with the various judges, sat for time the bench
with Judge Donohuc, and wound up his brief vsi:
with participating III the judicial uncL al recess He
looks in excellent health, ard said that ore OF these
days he might possibly he back again and renew his
practice at the Now York Bar.
Lewis Stein brought SUIT to recover $4,000 from
Thomas Raven, damages to building rented from tho
defendant for a year and Of which he was promised
undisturbed possession. He alleges that IN the course
OF few months the defendant broke violently into his
store of tho root and caused the inundation OF
his goods, compelling HIM TO vacate the premises;
after which defendant began 10 build now house
The case came to trial yesterday before Judge Law
renee The ueence that the plaintiff agreed to leave
u case the defendant decided build That tho latter
refused 10 do SO without compensation, and that his
goods not damaged by any rain
when the old New York Hospital was torn down
three years ago Mr. William G. Slade sold to u
dow blinds An agent OF Spratt sold the inside blinds
to William G. Trplcr Tor $50. As Triper was taking
them away Spratt appeared upon the 20 repud
a,ed the sale by hts agent, Claiming that the worth
$40o, ana had been sold without hts authOlhy. Mr.
Tripcr said that he had made one bargain aud did not
propose 10 make another, AMI took away the blinds
Suit was brought by Spratt against rrper
the $400, and tho case was tried yesterday before
Judge Van Brunt, who ordered scaled verdict on this
mornng.
Tho fourth trial Of the old suit brought by Joseph
Agate against Iowcnoein Morrison, tried before
Judge Robinson in the Court OF Common Pleas,
yesterday flushed and rcsuad in verdict OF $50 for
the plaintiff. Mr. Mendes leased Of the plaintiff Nos.
Gas CAT Broadway for ten years from May l,
1865 and sold the lease 1869 to the defendant for
SIS 600 bonus The latter tore out the partitions,
which It was claimed they had right TO do under
clause in tho lease allowing any alterations which
would ipure tho premises. Mr Agate thought the
premises had been injured. and sued Tor $1,000 dam
ages. with the final result given above. Mr.. Balm
bridge Smith appeared Tor the pla0 and Mr.. Luther
X. Marsh for the defendants
About twcnty.two years nso party wall was built
dividing Nos 1872 and l54 East Twenty sscond street.
The adjoining tenants tor some years the Horton
Ice Cream Company and Josephine Dnmont. In the
spring this year the ice company desiring TO change
their building into French flats, made opening into
tho 1ues of the chimney and Josephine Dumont
after Notifying thcm that their of the dues would
obstruct ali ventilation and cause much inconvcn
fence, took down tho chmncys, and then rebuilt
them solid to cut of connection between the fues and
tho company's premises Tho company got tenn
porary injunction against their ncighb0rs interfering
with their right 10 the of the nucs motion 10
make II permanent was argued before Judge Brady
recently and yesterday he decided to deny the motion.
Judge Brady yesterday rendered decison denying
the application OF Dr. Rufus Wagner Flint, tho teapot
medium. who socks his discharge from Ludlow Street
Jail, where he Is now confined Tor contempt of court.
Judge Brady holds that the points raised by his coun
sci on the application having been already passed
upon by Judge Iarrcmorc must be considered as his
u.iu