The New York herald., 1877-10-16

booker I.ifo Insurance Company delivered TO Judge
Larremore, In Part OF the Court of Common Pleas,
at opening Of the Court yesterday, It's sealed YER
dict II was IN favor OF tho plaintiff for the full
amount claimed, viz, s3,72s H. Mr. Henry W.
johnson, in behalf of the defendant, moved to have
judS ment suspended during the pendency OF an APP
peal to the General Term. Mr.. Frederick II. Kellogg,
attorney for tho plaintiff said lie was willing that the
issnng OF the execution should be stayed but thought
Judgment should no entered at once The Couri int-
mated that judgment would be suspended unless the
plaintiff could show that her interests would DO Jeo-
pardized by the suspension.
Judge johnson in the United States Circuit Court,
up yesterday the Admiralty appeal calendar and
lowing decisons:-van Baren VS.. king.The decree
OF tho District Court dismssing the biil amrneu.
William P. wally vs.. I. Byard smith oiil dis
missed with costs. Thaddeus Fairbanks Va. Samuel
H. Jacobus.-The motion for an injunction denied and
tho injunction heretofore granted set aside
In the suit Of Mary Rupert, against John Davidson,
tried in the Superior Court before Chief Justice Cur
It's IN which the plaintiff charged the defendant who
Bank. With breach Of trust In msappiying and de-
posting In his broken bank the sum Of "a, 900,
which she alleges was placed In his hands 10 be depos
tied IN good savings bank, verdict was rendered
yesterday In favor o the defendant Mr.. Alfred Erbe
appeared Tor the planun and Messrs Flanagan &
james H. Powell, who in 1870 was appointed one OF
the official stenoarsphe.s IN the Court OF Common
Judge Robinson brought suit against the city Tor two
months pay. The case was tried yesterday before
Judge Lawrence, and sealed verdict ordered 10 be
brought III this morning ln the course OF the trial
Judge Lawrence made an important railing, he hold.
ing that duly appointed court stenographer Is an
officer OF the court and that he cannot be removed by
writ oi habcas corpus was yesterday granted by
Judge ponohue IN the case OF Jacob Rathgeber, com
mtIed in default OF obtaining security for judgment OF
$4 week Tor the support oi his mother Jacobs vile
says that he has ibur children to support from his
small earnings In tsnnery; that he has two brothers
and two sisters assist taking OF the mother
that altogether the proceedings against her hus
band are cruel and oppressive.
Application was maaa yesterday to Judge Donohue,
in Supreme Court, Chambers by MI h. Y. South
worth, on behalf oil the Walker Glass Importing Com
pany, tor q mandamus against the Adams Express
Company. s alleged that the Express Company re-
to transport the goods OF the Glass Importing
Company unless the latter will sgn receipt absolv-
ing the FORMER from all liabilities cuse OF breakage.
The was argued at some length, Messrs. Batch
position Judge Donohuc took tho papers.
There quite an argument yesterday beio-e Judge
Donohue on motion 70 make more definite tho an-
swer IN the suit brought by John Dc Bonay restrain
Mary Carey from further representation OF tho drama,
"poor Jo.' Mr.. jerome Buck, on behalf OF the de-
cndant claimed that the question Of ownership OF Tho
drama was the only issue involved, and that u was
only necessary 70 set forth IN tho answer that Miss
Carey was It's owner After hearing Mr. Gibson ior The
motion Judge Donohuo took the papers.
Horny A. Smalcy, receiver Of the Ciairmont saw
ings Bank obtained yesterday from Judge Donohue
PERMISSION TO bring suit against Sherman Broadwcil,
late President OF the bank TO recover some S54 900
alleged have been Incorporated from the funds
OF tue bank. Permission was likewise givcn to sue
John Q. Hoyt or any other parties against whom he
may be advised shere exists good cause of action for
foreclosure OF any mortgages held by the bank and
the recovery OF any claims Ia favor OIL the bank.
Tho Supreme Court General Term Judges yesterday
appointed Mcssrs Hamilton Cole, William q. Choate
ana George W. Wingate u committee 10 examine cad-
dldates tor adm the Bar, and Messrs Henry
Ho WAND, Wheeler H. Pecknam and j. q. Julius Lang
bicn committee on character. The examining CON-
mittce will, on Saturday next begin It's examinations
under the recent order OF the Court oi Appealx
These gentlemen hold their positions for one year.
and has already been stated In tho HERALD, the
ex x,mi natiOns be much more rigd than here.
tofore
Van Brunt, holding Supreme Court, circuit, the suit
brought by Mr.. Folsom, assignee oil Fairfield Trask,
against Lawrence A. Riiey, to recover $4,000 alleged
TO have been embezziod by Riley while IN the employ
OF Fairfield rrask, and in default TO find BAIL on
which charge Riley hus been confined Tor about year
and halt 10 Ludlow stree. street jan Inc defence IS q
/. Mortimer Scaver aud William W. Niles appear for
the plaintiff and Messrs. b. +. sawyer and John 5.
Walker Tor the defendant.
In the criminal branch OF the United States Circuit
Court yesterday, before Judge Benedict, John Canng
was charged with smuggling iarge number OF cigars
aud cigarettes from teamer Vera Cruz in Marcn
last Tho trial occupied the entire duy and resulted IN
disagreement Of the jury. SIX being Tor conviction
and SIX ior acquittal. John Dcn and John Maher
pleaced guilty, in tue court, sending lottery
circulars through the mails They were renamed TOR
sentence on Friday next. Henry Wohl pleaded gully
TO dong IA retail liquor dealer without pay
ing tho SPECIAL tax Tho case was adjourned Tor
further consideration.
In the Surrogute's Court evidence was taken yes
tcrday 10 the viii OF D. I. Felix Gouraud, dealer
in cosmetics at No. As Bond street The testator lett
his property TO his vile, Martina Trust. The will
offered Tor probate until previous wife, calling
herself Mary Trust hearing OF the testators death
letters oi Administrations. In addition 10 the
counsel who had appeared previously In the case Mr.
Joseph H. Choate appeared yesterday Tor the propo-
neut The witnesses examined were Mr. Tuomas
Cook, OF the witnesses to tho will, and Charles K
Pariilt, who testified to what occurred the sign
ing OF the will Tho further heariLg ol the
adjourned to October 20
Ine only case OF interest argued yesterday before
the supreme Court, General Term, was that the
appeal taken the suit OF Mary q. Ketetas against
the executors OF William A. ketctas VINO died some
three years ago. leaving over 100000 IN personal and
real estate To the plaintiff who had been hss house
keeper, and known by the name OF Mary Z. Green he
LETT the income OF $4,000. she now claims 10 be his
widow aud eatitlcd intcrest IN The estate.
A Special Term the complaint dismissed, from
which nn appeal was taken. After hearing ME Z.
BainDrldse Smith Tor the plaintiff and appellant
Mr.. $. T. Nash for the the Court took the
papers
onNrDAs cErcIoNr u. mn