The New York herald., 1877-12-18

was appointed referee The learned referee will doubt
less understand tins memorandum as construction
OF his powers under tho order 10 require full ana
complete accounting as 10 everything that came into
the hands OF Busche receiver. No cost OF this mo-
ton
Hubbeli vs.. Pacific Mutual Insurance Company
Unless tho parties a1ree upon stipulation between
themselves and Tayler that VIII preserve his rights in
case Of a recovery by Hubbe think It my duty TO
allow amendment of the complaint by inserting an
amendment that HubbeI brings the action as trustee
Of express trust tor himself and TayIer, and In
serting the name of Tayler as defendant with
averment that be has an Interest in the recovery
what may be had the extent OF which is the subject OF
dispute between Huooei and rayler aud praying that
upon the recovery OF Judgment the Court proceed
such manner as may seem just and proper TO deter
mine the respective rights OF said HubOe and TayIer
as between themselves, ana for that purpose 10 Inn
pound the moneys reserved until such delerminaton
such avermeuts will not need any further pieadings
The present answer can stand aud the date OF issue
remain Tayler must pay defendant $40 costs OF op-
posing the motion. Put the whole thing be done
by proper stipulation winch is the rcttef course.
Jacobs VS.. Miller Report confirmed Tor damages,
S3S7 So with aud expenses Of reiereacc allowed
by the Court at $50; no costs OF this motion. SEQ
BY Judge Lawrence
Matter OF Rocelvership OF Guardian Savings Bank
Matter Of Petition OF Trustees OF Brooklyn bridge
Motion granted. Opinion
Dudley vs. Donnely mo. 2).-Moion granted, bot
without costs
Walker VS.. Walker uwo casesl l.-Oroer us settled.
Greer VS.. Allen. Memorandum Tor counsel
Thomson vs. Falconer.-rhe motion to vncate tho
order of arrest is denied (see Roebng VS.. Duncan,
Court OF Appeals opinion); cost OF motion 10 tho
plaintiff.
Dlckerman va Lamoroau.-Motlon is granted, with
costs. SEQ memorandum.
Murtaugh w. Conncr.-Moion tor treble damages
must be granted. SOC memorandum
In the matter OF Weber. Writ Is dismissed and prs-
0ner rcmanded. See memorandum.
Dudley Va. Donnoy.-rhis motion must be granted
under the authority Of Dickerson Spaciding q
Hun, 2SS) Tho attachment proceeded upon tho as
SUMPTION that the meat attached the property Of
the defendants. II the plaintiff desires their lille he
have the question tried in the United States Court
Nal n
apply, AS this Is an action brought by TO
recover property alleged to have been transferred in
violation OF sectlon l2S of tho United States Revised
Statutes. Tho costs. expenses ana disbursements Of
tho sheriff must DO paid. No costs OF Iotion.
SUPREME COURT CiRCUIr-PAar 2
BY Judge Lawrence.
Powell vs.. the Mayor, &c-rhe motion for new
fact was fairly presented TO the jury, and cannot
say after reading over the evidence that the concu-
sion at whlcn the jury arrived erroneous (Shor
dan Vs. tue Mayor, &c, Hun, 32l) Tho exception
taken tho admission rejection evidence ia tho
Of the tho subject OF review upon APP
prevail (Gautier vs. Duglass Manufacturing Com
pany, so Howard, 3l5) The costs Of the are u
lowed 10 the defendant
SUPREME coUET-crRcUIT-PART g.
BY Judge Van Brunt
jarvis vs.. Furman.-Casc settled.
SUPREME CoURT-spECIAL TERM.
BY Judge Barrett
Boardman vs.. the Lake Shore and Michigan South
crn Railroad Company, and ten other cases.
Tns motion to reopen three Of the cases
Is denied, with $40 costs. (Soo opinion IN No.
l) Tho motions Tor allowance Ia seven OF the cases
are granted, and IN SIX i've per cent is awarded In
tho seventh (the Prouty case) 1000 is grantod In
tho latter den led prior the fling OF
the supplement complaint ana granted alter that
date Tho form Of the judgment is in part pro-
posed by tho plaintiff and In part otherwise SEQ
opinion No 2) The findings of fact anu conclusions
of law IN the SIX cases commencing with Boardman
are settcd and tho requests on the decndants part
TO ind specifically certain facts and conclusions OF law
nd hsr . md
margin OF each request The same in the Prouty
case on the separate request there proposed.
SUPERIOR coUEr-spEcIAL TERM.
BY Judge Freedman.
Mutual Life Insurance. Company VS.. Davcs--rhe
cases proposed by tho defendants Davies and Cudpp
aud the amendments proposed thereto are not IN tho
condition required by the rules The settlement will
be delayed uEtil tho rules are strictly complied wth
Parsons VI. buckingham Findings settled and
ncd
Amcrmann vs. Knubel ct al-Find,ngs settled and
BY Judge Sedgwlck.
Cooley vs. Coulter; Hamin vs.. Uman Motion de.
Erbe VS.. ORlelIy ct aL-Report Of referee confirmed
and judgment OF foreclosure and sale ordered.
Catin OF al vs. StuyvcsaDt OF al. Johnston VS..
Leubuscher.-O on day calender Tor December
Is, 1871
frat Tuesday in January, 1878.
Baxter ct al vs. 1Etna Insurance Company.-Order
substituting J. Nelson Tappan as plaintiff
Turkinglon vs.. Neutrality-suspicious. vacating ibjunc-
tion order OF May lS ls77.
Lehmaer vs. Fransio ct al-Refcrence ordered.
Margaretta Fitzgerald VS.. Edward FltzserulL-De
cree OF limited divorce.
COMMON pLEAs-spECIAL TERM
BY Judge Van Hoesen.
Rippcl VS.. Rippie.-Sco decision.
Tnieman vs. Davs.-fhe lion should be cancello
and discharged by the County Clerk SEQ decision.
Salar VS.. Saar.-Ad interim alinony OF 81 per week
and S75 for counsel fee awarded 70 the plaintiff.
Josias vs.. BennctL-Motion to set aside prcccpt de-
MED. see decision
Kelly vs. sheehy-Leavc to nlc supplemental COM
paint granted 500 memorandum.
Rowe vs.. Rowe.-Muton to punish defendant as TO
contempt denied. 500 decision.
Shnn VS. Babbtt two cascs).-Mack may become a
party plaintin paying TO defendant $40 costs OF
motion III each case and pay ing the taxable costs
the present time In both actions. SEQ memoran dum
Wa.oy, &C., VS.. Cruwford.-fho proposed supple
mental complaint must By presented. Sec menoran-
DUN.
Calm VS.. s.Connor-Mcmorandum tor counsel
Sauxey Hamili.-ordcr signed.
Ladd VS.. Larned and otners-Motion to examine
witness before trial granted.
Mercantile Fire Insurance Company VS.. Fowler;
Greenwich Savings Bank vs.. BacEman.-What proof
Is presented what parties appeared In the
MARINE coURr--cHAMBeRs.
BY Cnici Justice Shea.
Beatus vs. The Williamsburg City Firo Insurance
Company; Hess VS.. Bennor Motions granted for
short calcn
Lawlon vs.. Meyer. Motion Tor leave to revive ac-
tion against executors granted.
Busse vs.. Strom-Motion granted vacating ex parts
Denlson VS.. Loos.-Order OF arrest vacated
Drumm0nd vs. Collins Calm VS.. Perkins; Anime.
down vs. Mosey; Zemer W. Werner; Uilal horne vs.
Constable; Hunt vi. Pursell; Tincy VS. Mill; Tinoy
vs.. Aud; Sc!dnor VS.. Carney; Bacr VS. Long; Foun-
tain vs.. Russell; Hathaway VS.. Russell; Murray Hill
Bank vs.. Meserolc; Moore vs. Abrahams; sormtag VS..
DryIus; West VS.. Caiiahan.-Oriers granted.
GENERAL SkSSlONS-PART l.
Before Judge Glldersleeve
THE LIsTERMANN MURDER TRIAL.
The trial Of Louisa Wczc for the murder OF valcn-
tine Listermnnn, on the night OF august last was
resumed yesterday. Assistant District Attorney Her
ring examined several witnesses to show that tho
prisoner and tho deceased had been intimate terms
Tor years and that she had frequently allowed HIM to