The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-15

that the special guardian has given any bond and the
order should provide for the disposition OF the pro-
ceeds OF sale.
Keller VS.. strasburger.--I do not but that the
irreguiarity Is fatal. Motion must DO granted with
leave 10 apply Tor order Of the pay
ment oi costs of this motion.
Hewitt VS. Pug.-Motion granted on payment of
costs OF action and costs OF motion.
Anthony vs.. Day-rhe decisions In this State seem
to establish rule that II the plaintiff Is entitled 10
recover at all lie must be so entitled when tho action
! Is commenced. Mcmahon vs. Allen. IL How, 20;
Humiager va. Humlaser, How, 81 McCuinug Va
Colby Bos, COS The plaintin IN this cannot
MAINTAIN TINS upon the facts they existed at
its mmcncement as the General Term have decided
couseauently subsequent events cannot DO pressed
into service for the maintenance OF tho complaint.
Notion granted, &c
Loughran, yr, vs.. Smith Motion for Injunction do
MED with costs.
I.euheim VS.. CorbetL- Reference ordered.
In the matter OF DurIec Report confirmed
Jackson Burns.-Granted on payment OF $40
Kelly We. Thomas -Motion denied, with costs Men,
U'Gara vs. Kearncy. Memorandum.
The People ex rel Sanders vs. Pipcknoy; Burns Va.
The Mayor, &c.-Motion denied.
Simmons, il, VS. Fellows Motion granted.
Matter of Nesm'th; Funk VS.. Funk; Gage VS..
Lamb-Orders granted
Jackson VS.. Binney.-If counsel will submit pro-
posed order Will examine papers
Solomon .. Prestou.-Thc answer Is not so clearly
bad AS To make It frivolous Motion denied with $40
costs to abide event.
Heath Huise IL think that tho receiver should
account and that the creditors should determine
whether not this action should c~utinuc. An order
TO pay dividend cannot be made until that matter
determined.
SUPERIOR COURT-sPECIAL TERN.
by Judge Sanford.
Schuchman Oswold Ut AL; Arrowsmith va O'Sul.
livan.-Referenccs ordered
Cooper vs. Longworth ct l-order denying mott on
10 vncate order OF arrest.
Appieby vs. Stafford ct a.-Refcrcc's report con.
drned aud Judgment OF foreclosure and sac ordered
KDgsbury VS. kerwn.-Ordcr staying proceedings
Moers ct al. vs. Hoyt ct a.-ordor amending COM
mission, &c.
Gilman VS.. Stevens-Undertaking approved
Keys VS. McReynods -Ordcr Tor nnai judgment.
Faconcr VS.. Rcc.-Order granted and undertaking
approved.
Taylor VS.. sourcn.-Ordcr continuing Injunction and
appointing Henry Z. Biackmore, receiver, &c
White ct al W. lsaacs ct aL-order vacatng judy
ment against Solomon lsancs.
Plug VS.. Conrad ct al Reference ordered.
Workman VS.. We'll ct al.--Order appointing Thomas
Thurbcr Esq, guardian ad Item Of infant defendant
In the matter of the petition schaIk, on insovent
dettor-Petitioner discharged from mpris on ment.
Workman vs. We'll ct al Person VS.. Ferguson; San.
dersop The American National Lite Insurance CON-
pany; Same vs.. Same Grosvenor vs., The Mayor; No. ;
man W.. Oswold ct al same VS.. Same; Connolly vs.
Williams; Tho People, &c, ex rel Heating vs. The
Board Of Commissioners OF the Department OF Public
BY Judge sedgwick.
Eagau VS.. Walsh OF al-Order settled.
COMMON PLEAs--spECIAL TERM.
BY Judge Larromore.
Smith VS. Smith.-Application Tor stay denied
Smith VS.. smith; Phibrook VS.. Crotty ct aL-See
dccisious
Ellis VS.. The Howe Machine Company. Commission
Drew Va league aud anosner-Moton TO strike out
tho answer sham and frivolous denied $40 costs
defendant TO abide event.
In the matter of Jam!son, Jr.-Report confirmed.
In the matter of story in The matter OF Foster: In
the matter of Laxan Applications granted.
Iu the matter, &C., OF PcrKins.-Cilailon ordered
Third Avenue Savings Bank vs. Doyle ct al Refer
ence ordered.
Darrity VS. Reeves Jr Zuran VS.. Conklin-The
Clerk will place the causes on calendar without an
order.
Endicott and another The Fircman's Insurance
granted without costs either
party.
Cole VS.. Waitzfelder granted on payment
Of costs also payment OF disO easements OF
sion now commission be issued
Rennick vs.. Lawrcnce.-Motou to vacate order
granted on conditions, with $40 costs.
Melcney VS. Observation-Disclosures granted pay
ment OF costs
MARINE CoURr-CHAMBERs.
BY Judge Sinnott.
Rrara VS.. TognattL- Motion granted
Wctzel w. Saskatchewan to stay proceedings un-
I'll costs of former action are paid, &C., is granted but
without costs oi motion.
Evans VS.. Hoffnap.-Motion denied; no costs.
stuppci W. wn;tc.--Receiver's bond approved.
Low VS.. Ey.-MOtOn Tor extra allowance granted.
barrow VS.. Schuerr.-Order resettled and filed
The National Park Bank vs. Dawson; Reuz We. Lei-
bcrncr; Schwartz Vs. Cohen; Fuches VS.. Remhard
O'Donovan VS. Dcrer; Goldberg VS. Williams; Willard
| VS.. Appeby. Orders grantod
R0os Z6igcr. Arrest vacated. .as..r.. -. s
Swift Crossman.-M so far granted that the
third parties directed to pay the money TO the
judgment debor into Court TO the Clerk oil this Court
| subject TO It's further order
Curley VS.. EaglesoD.-Order modified and filed,
Donohue VS.. Rafery.-Motion denied, without costs
Ackroyd VS.. PowcL-Motion Is denied, without
COSTS.
Kasschan VS.. Holton.-Afldavit Of service detective
| Sec papers with Clerk OF Chambers.
| Curry vs. st. Andrews Lutheran Church.-Judg
| ment Tor paintiE
winter VS.. Acknowledgment for plaintiff on
answer sham &c.
Doogue VS.. Seibrccht.-Francis Lawtor appointed
receiver.
| Mccullough VS.. Mckcnna.-Motion to vacate stay
| granted.
Scott vs. wheat-Motion Tor bill OF particulars
granted.
Roberts VS.. Snydor.-Moton granted unless terms
arc complied WITH
| Baxter VS. MeyeL--Stay OF proceedings vacated
! Cazade VS. Acknowledgements vacated.
Singer vs. Epsten.-Order OF arrest vacated stipu-
latng not TO sue.
| Meyer VS.. Schwartz Motion to advance cause
granted.
smith Sullivan; Germania Bank Va. Reno
Gallup VS.. Willorook Lyall vs.. Bambcrger; Zweig VS..
Pollock Arnold Conner; Conner vs. Rykert
Shepherd Merrct; Ogden VS.. Haines; Mamock
VS.. Lewis Cohen VS. Spear; Ninth National Bank vs.
Baer; Kahn VS.. Spege; Harrington vs.. Meyer; Baxter
vs.. Meyer; Martin VS.. May-Orders granted.