The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-05
DECISIONS.
SUPREME CoURT-cHAMBEns.


DECISIONS.
SUPREME CoURT-cHAMBERs.
BY Judge Brady.
Anthony va. Day; Rourke VS.. schmidt; Sturees vs..
Drew ct al-Orders settled.
Ryerson vs. Bumagim Order settled 1t is not
considered necessary 10 make any provision on refer
TO the judgment IN favor OF the demurrant De-
PENDANT. II was before tho Court on appeal, and
the deiendants rights are secured.
Coen vs. Morrlssey. denied; opinion.
Matter OF the rccelvershp Of the GUARDIAN Savings
Institution. Counsel are requested TO appear ut
Chambers on FRIDAY next, at three T. NJ
The People VS.. The Blocker Stree and Fulton Ferry
Railroad Company.-Counsel arc requested 10 appear
Friday, at three /. ~
Tripplcr vs. Adams0n.-Desre to see counsel on
BY Judge Barrett
The People rel. Burke vs. Longshoremen's Union
Protective Association No. SOFA peremptory manda-
mus must Issue in each case, with COSTS opinion.
setter va. Coye.-Thc plaintiff has made out plain
prma aco case tor change OF venue. The defendant
does meet this case Ignoring the proposed wit
ncsses will not do nor VIII tho giving OF the names OF
u lew witnesses in this city Tor the plaintiff without
stating what IS expected to De proved by them or that
plantn's counsel has advised him that they are
eraL The plantn does not even relcr to the charge
that the goods ordered by John Davidson. The
motion Is granted, with $40 costs.
luska vs. Germania Insurance Company.-Ordcr
settled.
REYNOLDS va Dobbs-Urder settled.
Matter OF Do Socarras ct aL-Thera is question in
my mind TO whether this fund is to be treated as
personally TO which Tho administrators entitled.
II arose. seemlpgy out Of partition SUIT and was DC
his heirs-al-aw. Query:--Snoad net the hei;-nt-
law have appiiedr
Dohrmaun Van Winkle OF al Report confirmed
and decree granted.
Matter OF opening 125th street.-As Mr. Miller did
al all | reason for allowing him S25
Then the Star charges 1924 for what the Telegram
substance charges put $780, There seems been
TOUR moro Insertions III tho Std, but that does not
count for tue great disproporton the charge and
there affidavit that the charge according TO
the usual rates. Is there explanation given OF
tho seemingly excessive character OF the bill There
Mr. Purscrs charge for rent, except the formal
affidavit. approve OF the reduction OF tho Messrs.
Rogers bill Tor stationery TO So, but cannot tax the
bill generally upon these proofs
Morange VS. sinnotL-A mandamus will lie TO
pei Juugc 10 decide or 10 act but not 10 cScide or 10
act In particular manner motion was made be-
fore Judge Sinnot, which hc denied. Tho reator in
that the Judge erred The nero statement Of tho
point shows that rel tor has mistaken his remedy.
Denied and stay vacated
Bradhurst VS.. Townsend ct al Section 1907, sub. 5,
allows full COSTS except IN the cases mentioned IN
$40, sub l, 3, ana 8. But sub. thus pointedy
omitted, Is this case. viz An order sustaining or
overruling a demurrer. The costs were therefore
properly taxed and the taxation must be affirmed,
even the term leo specially objected to cannot be
stricken out because, apart from the legal question,
proof furnished OF the fact stated in the
BRIEF AS this appeal was informal, no COSTS
SUPREME CoyET-spECIAL TERM.
BY Judge Van Brunt
Peek vs.. Peek and neutrality-suspicious. dismissed.
Opinion.
Williams VS.. Dobbs and another.--Judement for
plaintiff OPINION.
deraking the amount OF 500 should be given and
the defendant must waive the defence OF tender
Sleinbrecher Boyer and another; Purser VS..
Traphagen and Notwithstanding and decree argued.
BY Judge Dononue
Post Hutchngs and another. Order granted.
Mcclure VS.. Watson OF aL-Motion to place cause
the calendar denied.
Hclmholtz Us. Best &c.-Defendant fails entirely to
prove ANY judgment against the judgment debtor.
Complaint dismissed with costs.
SUPERIOR CoURT-sPECIAL TERM.
Rv Judge Sandford
Whitman VS.. Coe-Casc settled
Jcssup ct al Carrune.-Case and exceptions set
Manning ct al VS. Stern.-Motion denied without
costs see opinion In John IL. PlatL
Matter OF the app icaton OF John Platt, &c -Appl-
cation denied, but without costs. Opinion.
Spader vs.. The New York Elevated Railroad Com
pany-lotion for retaxation denied. Memorandum
The Guaranty and indemnify Company vs. Gil eason
ct aL-Each motion denied with $40 costs.
Inc Gebharl Fire Insurance Company VS.. Martini
Ordered on day calendar for Friday, June 8
Richards Va. Rchards,--Order awarding custody Of
children TO their mother
Giatz VS.. Schull.-Rcfcrences ordered.
Ford VS. Belmont OF aL-Remmitttur filed. Judg-
BY Chief Justice Curtis,
Grlsbick ct al va vanderpooL Motion denied with
Butler VS. American Popular Life Insurance Com.
pany Motion granted that defendant furnish bin Of
BY Judge speir.
Daily VS.. Byrne.-Caso settled.
BY Judge Scdgwick.
Weber vs.. Schron-order granting new trial.
COMMON PLEAs-sPEcIAL TERN.
BY Judge Van Hocsen.
Hcnizo VS.. Farlcy.-MotIon for trial denied.
See memorandum PART l.
Huego The Providence ana New York Steamship
Com pany. Motion denied. See memorandum Part l..
Cassidy vs. Lectch.--Fndings signed and allowance
OF $3.50 granted 10 plaintin.
Crotiy and another va Observation-Disclosures ordered.
Grand Central Bank VS.. Hansar. Demurrer over
ruled with costs
BY Judge J. =. Daily.
Matter Of Cassidy.-order signed.
COMMON PLEAs-oENERAL TERM.
BY Chief Justice G 7. Daily Judges Robinson Larrc-
more, Van Hoesen and j. y. DAILY.
Thompson Lumey. Plaintiffs motion denied,
with costs. Opinion by Judge Robinson
Court OF Appeals granted Opinion by Chief Justice
Daily
Griswola vs. Tompkins. denying motion for
attachment; Opinion by Chief Justice DAILY.
Dalton VI. Loughn. Judgment reversed. Opinion
by Chef Justice DAILY.
The People Skinnam, &c.-Motion granted.
Opinion by Chief Justice Daily.
rho People VS.. ST. john Motion to discharge judg-
ment granted. OPINION by Chief Justice Daily
People vs. Wardeman and Poiiusky.-Nothing to
show whether the line was paid, therefore application
denied. opinion by Chief Justice DAILY,
People W.. ZischoH Application denied, but may DO
renewed. Opinion by Chef Justice DAILY.
Mason Oppenhcimcr. Motion Tor reargument
denied OPINION by Chief Justice DAILY
Bedcll vs. NEUTRALITY-SUSPICIOUS. reversed. opinion
by Judge Robinson.
CONSOLIDATED Fruit Jar Company VS.. Mason, i'm.