The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-31
YORK HERALD WEDNESDAY, JANUARY 81

Judge Wallace in the United Circuit Court Professor
William 4. Blake testified 10 his knowledge of the
mine.
The suit brought by Rosanna Mcbride against the
Second Avenue Railroad Company recover damages
tor injuries sustained was yesterday discontinued in
the Superior Court upon payment by the defendants
to the plaintiffs OF 81, 900 in settlement
Judgments aggregating Sl,i79 SO were yesterday
fled in the Court OF Common Pleas against the city
suits brought by armorers to Tor services un-
der the Military act
Judge Sper yesterday rendered decision overriding
the demurrer to the complaint in the suit OF Barbara
schreyer against Andrew Dettinger and others, the
full iac;s OF which have already been published IN the
HERALD.
Counsel for Plaintiff the suit OF The People against
William NJ Tweed had costs ON the appeal taxed yes
merely the costs attached TO the taking OF the appeal
to The General Term which confirmed the judgment OF
the Court below and amount to less than 500.
Judge Donohue yesterday denied "a motion punish
for contempt James W. Bell for bringing without per-
mission OF the courts suit against Thomas McCunn.
The Is OF others growing out OF the dispute
over the estate OF the late Judge McCunn
In the matter OF the dissolution OF the Union Sugar
Company Judge Donohue yesterday granted an order
directing Henry Ockershausen, tho receiver, to DIS
tribute among the stockholders all the moneys now
his hands and TO call IN certificates OF stock.
A writ Of habcas corpus was granted yesterday by
Judge Donohue upon application OF Mr. william +.
Howe, In tho Bernard O'Rcilly, committed to
the Workhouse tho charge OF being disorderiy
person and OF abandoning hrs family without support
Sargent Miller docs not intend evidently To abandon
mis- nght TO recover pay Tor the time he was dropped
from tho police ranks Judge Donohuc yesterday
granted an alternative mandamus against the poce
Commissioners 10 show cause why the salary claimed
should not be paid him.
Judge Sanford yesterday rendered decision the
application by George N Titus, counsel for the defend
ant, the old suit OF Abraham b. Clark against Abra
ham Bininger, for payment to HIM by the receiver OF
his ces and COSTS in tho action He grants tho appca
ton.
Judge J. F. Daily yesterday entered an order rcmov-
ing the suit Of Markus Rudolf against the Providence
and New York Steamship Company from the Court OF
Common Pleas to the United states Circuit Court Tho
order oil removal is made on the ground that the con-
troversy Ia in the nature Of civil action between
citizens of different States Tho SUIT is brought TO re-
cover $4,000.
Erpest,ne Bukurtz was arrested yesterday by Olcer
Cornelius Leary on charge OF Passing counterfeit half
dollars on Yctta Davis oil No. III Division street, +.
Schuto No lO7 Division street, and Robert Rogezcn-
ski OF Nc 100 Division street. The accused said tho
money had been given to her by her husband, OF No.
So Bowery to buy groceries for the day. She was hold
The Will OF Mark Davis, a wealthy real estate owner
in the States OF Louisiana and Virginia. was yesterday
admitted 10 probate In the Surrogate Court Davis,
although owning property estimated at Sl,ooOOoO. in
the SOUTH resided IN this city for some time previous
to his DEATH He has left his estate his relatives,
and MS yet no contest Is threatened
When tho case OF Moses Jacob, who was Indicted on
a charge OF transmitting obocene matter through the
mails was called yesterday in Judge Bencdicts court,
the defence moved for pOnement, on tho ground
that of his counsel was not familiar with the
under which he was indicted and not competent
try the case and his associate who had studied the
case, absent from tho city. Tho accord
In the suit OF Samuel Watson and another against
David Crawford and others, brought in the Court Of
Common Pleas to recover some 50 600 for the use and
occupancy OF certain lands at Ruher urd Park, in New
Jersey, Judge j. f. DAILY yesterday entered an order
continuing tho action against he administrator and
administrators OF the deceased dcirndant
The suit of William 8. Erwood against Sarah Ann
Erwood brought for divorce the ground Of alleged
suit charging the husband with like iorgetfuness Of
his marital VOW Judge F. DAILY yesterday, upon APP
plicat'on OF William +. Howe. the deiendant's at
torney, entered order in the Court Of Common
Pleas dismissing the plaintiffs complaint
Anthony Langdort brought suit against John Lough-
lin and others to recover $3.50 claimed to have been
loaned the defendants for the purpose OF erecting
church. II has been deemed best for some to
discontinue the suit, aud motion TO this eject
yesterday granted by Judge Donohue
Application was made yesterday 10 Judge Don hue
for the appointment OF referee as to surplus moneys
tho hands OF the Chamberlain In the suit OF the Mu-
tual Life Insurance Company against the Third Ave-
nue. Savings Bank. The application WIS granted, and
Mr.. Charles Lane appointed referee. Chamberlain
Tappen states that he has $1,000 IS OF this surplus
fund now IN his possession
In the old suit OF Van Buren, Ryerson against Mark
Brumyan, John a. Stewart, John J. NcEwen, MARI
posa Company and the Eureka Gold and Silver Mining
Machinery Company Judge Dononue yesterday granted
ordor allowing tho receiver 10 proceed by virtue Of
tho judgment obtained IN the SUIT He denied a
ton to amend tho summons, and also granted an app
cation tor order TO show cause why the paintin's
amended complaint should not be SGT aside.
Isham Ludwig Fuchs some time since brought suit
against Amelia Fuchs Tor divorce, on tho ground Of
tho defendant having another husband living. Il is
stated that the defendant 10 insane and inmate
OF the Flatbush Lunatic Asylum. Application was
made yesterday Tor the appointment OF guardian nd
litem in the suit, there having yet been no commit
tee OF her personal estate appointed by tho Court and
Judge Donohue, before whom the application
made, took the papers.
Henry l.. Myers and others have brought a suit
against John OBrIen, claiming $50 00O damages for
breach OF contract made by the defendant with the
Delaware and Hudson Canal Company. motion was
made yesterday before Judge Donohue Tor order to-
show cause why the defendant should not produce
certain books and papers at III examination before
referee Rhinebcck. The objection to the motion Is
that entails largo and unnecessary expense to tho
defendant. Judge Donohue took the papers
In the suit OF Anna A. Perrin against Charles A. Bull
lard brought $50 900 damages tor alleged
breach Of promise Of marriage and seduction, the iu
facts Of which were recently published exclusively IN
the HERALD, a motion has been made TO reduce tho
defendants bail, which was fixed at 81, 000 Judge J.
DAILY yesterday entered order deny the mOlion
but with leave 10 renew upon new papers. In his
affidavit the defendant denies the alleged promise Of
marriage and seduction, anu charges that the plaintiff
has reputation, and that the present proceeding
is part OF a conspiracy to eXtort money from him.
These accusations arc positively denied. however. in
answering atfidavts.
The SUIT that has been pending so long the court
brought by shepard +. Knapp, receiver OF tho Bowl
ing Green Savings Bank, against Walter Roche has at
length brought to close, alter trial continuing
days before Judge Sodgwck, OF the Superior
Court. The clam to recover $4,000 The jury
gave verdict Tor $37 46i, which includes tho interest
for about SIX years. This acquits Mr. Roche OF the
heavy items charged against him, and 10 the resi-
hich he Is held liable, tho latter contends he
had any of tho money personally although held
responsible by OF his position IN the bank and
is authorization of OF the money permit tcd
by tho law. Messrs Dcvlin Miller and Tru appeared
for tho plaintiff, and Messrs Agcrn0n 3. Sullivan and
J. McGowan Tor the defendant
DECISIONS.