The New York herald., 1877-10-10
DECISIONS.
SUPREME couRT-oHAAfBERs.
BY Judge Barrett.

BY Judge Barrett.
In the matter OF Strong-I think tho guardian, un-
Is entitled commission the realty but IL rs only
equitable that the present value should DO considered
mission on the value when fscsved and one hall on
the present value. As 10 the eos, they ought to b.
o Of sn
seem to have been little moro than nominal. .
compelled, therefore, 10 allow considerably less than
Myers VS. Pellgrim-Upon defendants depositipg
all the referred the papers with the Clerk
OF the Court use Of the plaintiff the ball
duced 70 81, 900; NO costs.
Budd vs.. Muiray.-Motion granted, and an extra
allowance OF $50 awarded 10 plaintiff.
scneley w. DlehL-I do not think Mr.. DIehl sufi-
cient surety for the cunt IN which he has justified
.na ns soSa @ o s
surety Who will justify In % 900 will approve tho
Lacustrln Fortzo Company vs. sullweL do not
think that these sureties such the appellant
ought 70 have The objections TO them appear 70 me
proving Of the Undertaking unless It Is strengthened
Dorsey vs. the Mayor, &c-Motion granted. with
costs. and $40 cost OF motion.
SUPREME CoURT-sPEcrAL TERM.
BY Judge Van Worst.
HoaS and others Va Siovln and Otheva-Caso set.
SUPREME CouRT-GENEnAL TERM.
BY judges Davis, Brady and Daniels
Madge Plng-Ordcr affirmed, With $40 costs and
disbursements by Judge Davis, Judge Brady
dssontinR.
Martin and another vs. WakeE-Judgmont w reversed;
now trial ordered; costs to abide event Opinion by
Judge Daniels.
Chamberlain va Ell,ott.-Judgmont reversed; new
Daniels
Matter or Honman.-Ordor affirmed, with $40 COSTS
and disbursements. Opinion BY Judge Daniels
Everngnam vs.. Vanderbilt - Judgment and order
affirmed. with COSTS opinion BY Judge Daniels
The People OK rel. Morgan VI. KeieltAs, &c.-Pro-
cesdings reversed, with costs, but without direction
Tor restitution. Opinion by Judge Daniels
The New YORK State Loan and Trust Company VS..
ali Irss0u and pAn N
leave TO plaintiffs withdraw its demurrers twenty
days on payment Of costa Opinion by Judge Daniels.
Bates ana another va ningham.-Judgment
versed new trial ordered abide event. opin-
ion by Presiding Judge DAVIS and Judge Daniels,
Clark vs. savage. &c-Appsal dismissed, with $40
and disbursements. Opinion by Judge Daniels.
Tho People ex roL, Lynch VS.. The Justices OF the
Court OF Special Sessions-Convction reversed.
Barnes and another vs.. The Mobile and N w. Rail-
road dCompany.-0rder affirmed, with $40 costs and
disbursements Opinion by Judge Daniels.
Maltcr Of The New York Church Extension Society,"
Order reversed, with to a0lde event; proceed
ngs remittcd for further hearing Opinion by Judge
Daniels
rno People ex rel Lake va The Board OF Fire Com
missioners.- rs.--Proccedings reversed without costs.
The pooplo cx rel. Glossy w. The Same, and tho
People ex rel. Conkln VI. The Proceedings
affirmed; writs dismissed with costs. Same opinion,
Macino anu another Va. The People, &c.-Conviclion
affirmed. Opinion by Judge DanielG
Brenuan vs. The Liverpool, London aud Globe Com
pany.-Ordor reversed with $40 costs and disburse-
ments. Opinion by Judge Daniels
s The People ex rel. Kelly vs. Judge Speir, &c.--Or
der reversed and further proceedings directed Opn
ion by Judge Daniels.
Kent va Tne Quicksilver Mining Company.-Judg-
ment affirmed, with costs Opinion by Judge Daniels.
Dambmann va Schulting.-J Judgment am med. .
Opinion by Presiding Judge DAVIS, Judge Brady dis
senting
SUPERIOR coURT-spEcIAL TERM.
BY Judge Freedman.
Bcnnch vs. Wosselman Motion granted ON pay
meut oil $40 costs
Bell VS.. BelL-Motion granted.
Ellsworth OF u. va Scott.--Nemorandum.
Van Doan ct al VS.. Abendroth ct aL-Judgmcnt
for plaintiffs demurrer third and fourth defence
Gilbert va sullivan -Order dismissing complaint.
Cram VS.. Frank.-Ordcr rcciting defendants default
Canning vs.. Conklin ct al-kcierec's report con-
lrmed and judgment Of foreclosure and sale ordered
COMMON PLEAs-spEcIAL TERN.
BY Judge Van Brunt
McMurray vs. Phillips. Findings settled with clerk
BY Chief Judge DAILY.
Fagnatti vs. Rovara.-Moton 10 vacate the ipjunc-
ton for irreguiarIty denied, with $40 costs.
By Judge Robinson.
In tho matter OF Harris bond ordered in the sum
In ne matter OF Berry bond ordered In the sum Of
$1,000.
Lynch va Tlsua-pr0per heading should bo mado
In the matter OF Harris-Bond approved and or
dered on ne.
Williams Vs. Observation-Disclosures Of referee
to ices required
BY Judge Larremore.
Carpenter Va Nick erson.-Casc settled.
MARINE coURr-cHANBERs.
BY Judge McAdam.
Burdett Va. Wison.--Moton TO pay over moneys
granted
O'Haiioran vs. Jansen. Arrest vacated on deposit
Ing with the clerk tho flag In dispute ami consonng TO
| try cause on the 1lth oil October. 1877.
Denison va Dwyer-JudgmenL
Harris va. Gamble. .-Dcicndants motion for bill oil
particulars denied ana answer to DO served bo-
fore October ~ No COSTS
Stewart VS.. Bennett; Same Stokes; BerdeIl VS..
Glnshy; Schneider VS.. Denmuth; Lcrick The Provi-
dence aud New York Steamship Company.-Motions
granted
Damant vs. Lahr.-Action continued against loyal
representatives
Cuibert w. Wright-Attachment issue unless deien-
dant appears on the 1th nsl at hapast ten o'clock
| A. NJ
| Rosenstein va Brown Order discharging attach
menL
Green vs. Farrar Bissingor VS.. Pepper Defaults.
krewlowitch vs.. Krsniausky y.--Motion granted un-
less within ten days the plaintin puts the the
| calendar; $40 70 defendant to abide event.
Freund VS. Melzyer.-5co papers
Hirschbcrg vA Ernstein.-Motion denied. (See 81
| N. u. 40, So ID. 240, 2s ~
| White vs. Fairchiid.--Dciault opened terms In
dOrscd on papers
| johnson VS. Bnns; Beers Va Comslock; Stewart
VS.. stokes; Newman vs.. Conner; Dannat vs. Lair
Mongo VS.. BachtcI; Robertson vs. Flcmming; Robert
son VI. Parry; Brown Va. Wederson; Same va Mc
| Ansr.-Ordors granted and entered.
GENERAL SESSIONS-PART l.
Before Recorder Hackett.
| FAMILY JARS.