The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-31
DECISIONS.
SUPREME CoURr-CHAMBERs.
By Judge Donohue
Epps vs. FRANKIE. Motion denied; memorandum.
DECISIONS.

BY Judge Donohue
Epps Va. Franke.-Moton denied; memorandum.
SUPREME CoURr-CIRCUIT- PART J
BY Judge Donohue.
Ten Eyck VS.. Decker and others.-cass settled; see
amendments.
SUPREME CoURT-sPECIAL TERM.
BY Judge sedswick.
Phyfe va Masterson Implicated with Currey.-Pro-
eecding to DO stayed upon giving undertake ng un-
der section 334 NO undertaking TO 10 gwen under
section 33s 50 long as plaintiff remains IN posses
sion. In that plant removed from possession
by art or proceedings OF deiendan plaintiff ~ Ue al
lowed 80 proceedings under execution, $40
Phyie va. Mastersou, implcadcd with vinten.-Ths
proceedings Tor judgment were regular No eAcuse is
gwen Tor The defendant not having taken advantage Of
the former condition iavor There beng such
lsches trial should be had under the statutory
terms
Bell VS. Bell section 401 seventh subdivision, does
include winch may arse thata moving party,
after OF motion papers, desires 10 read, upon
the arr ment OF tue NOTION deposition Of
aud Tor the rearing OF winch he has had leave SEQ
tion of chapter 216 Of Laws oi 1910 does pro-
vision Tor such u l am Inclined hold that In
such I'm Instance the OF 1870 Is repealed by the
code But motion proceeding pending and
therefore the cannot DO required testify
OF 1870 The motion 10 aside the proceed
Ing although upparcLty Inaue by counsel Tor dclen.
uant have taken Tor granted was made bcnai of
witness, who Is an alien Interested IN the matter The
TO set aside the proceedings Is granted without
eosts-
Manager VS. Dick.-This motion does not involve any
dispute as whether the defendant has the right
composed OF the Two words soit capsules on the par
SECULAR proofs. am OF 0plnon there should not be
temporary Injunction nave doubts whether damage
IL proved MOTION Tor temporary Injunction ucnicd,
without costs.
Babbiti VS.. shnir.-To avoid expressing any opinion
as TO the Of the action motion Tor tenn
porary injunction denied the ground that Is not
shown that Inc defendant will do any act during the
pendenoy of the present litigation Injurious TO the
subject matter vi plaintiffs claim tending 10 render
Judgment in his favor Intellectual the only thing
threatened trial OF one or more OF the ACTIONS at
lnu ptlapu In no naF IA Se
notion tried II might be great assistance 10 TINS
Court to have the question OF iact involved determined
BY jury. II the same issue were tried ~ luis court
1t would not help IL 10 do efmine the rights OF the
parties IN respect OF tho other contracts The plain
traces on separate sets OF FACTS story's Eq. sY4;
Town oil Venice VI. Woodruff, ~ n. Y. Il, D. 49, Mo-
ton for Injunction den'cdi $40 costs to abide event
Kingsley vs.. Gbset--undcr the present complaint
tho pIainiin might have judgment without u proof
oil u nduciary relation between the parties IL
Us necessary 10 determine wna; tho mean
opinon that the relation OF master aud servant prin
cipal and AGENT employer and employee, did not exs.
between the parties aud that defendant was not Tus
tee IN legal aud specific sense as 10 The amounts
due Tor WORK done by defendant Individually The
Relation resulted from contract III which neither nad
superiority to the Other and zach acted IN his own
right The nou-payment over oi COLLECTIONS Il not
ground oil arrest he receipt was not Ny deiendant
IL nuucIary capacity Tho order Of arrest should be
Bet asi4c upon defendant Hing stipulation MOI to bring
scion Tor malicious prosecution or falso imprson
mcnt; $40 costs 10 abide event
Berry VS. Bonton.- Proceedings set aside, without
cosss ana without prejudice renewal Vi spphca-
lion.
Paul ct al. vs. Sanger ct al-order granted and un-
Gcrtaking approved
EuRIisn vs. HoOoetzail.-Ordcr allowing piaintiu 10
amend his complaint.
Arnold vs. Northumberland approved.
Whitehall vs.. Tho World Newspaper Company
Oruer diminishing piaintIns complaint
The Newark Transportation Company vs.. The Union
Marine Ere Insurance. Company.-Order ren.0vIng
causc to United States Circuit Court.
Madison Avenue Dapust church vs. The Baptist
Church In Diver strcst--l.oerees icport confirmed
same vs.. Same. Order fos Judgment
same vs. Sauie.--Ordcr staying proceedings
Rsas.es w. Inc 81 Nicnoias Insurance Company