The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-15
DECISIONS.
DEClSlONo.
SUPREME CoURr-cHAMDERs.

swift vs. Hirsch II know OF authority for mo-
tion Of this description. Denied, without costs
The Rogers Locomotive and Machine Works VS..
keev-An order upon the decision OF the motion has
already been signed.
Buckingham vs.. earning. --Motion for injunction,
pen dene hte, denied and temporary Injunction ds-
Fowler VS.. vincent--Motion to change place OF
trial. the ground OF tho convenience OF witnesses
with $40 COSTS to abide the event.
Matter OF widening Broadway between Thrty-lourth
and Fiity-nlnth s,rees--The order 10 show cause
granted. but the Injunction only be granted II ~
ALL the terms as to security specified IN the Coae
OF Remedial Justice
confirmed. corporation dissolved and ~ d. l. Arnold
appointed recover on giving bond IN $4,000
Fehrer Cooney.-l find these papers among those
sent up for examination. but believe the matter was
decided upon the argument and that Tie order has
never been settled ~
Foley vs. Raihbonc.- settled
sprague olcott.-rhc action is not to determine
satisfaction OF the plaintiffs Judgments from the real
estate OF the tesiaor Motion denied, with $lo COSTS
Tippett VS.. McAndrew. Motion denied, with $40
costs. The plaintiff has no right to discontinue
common law action OF this description, except upon
payment Of the costs OF the action, especially as
counter claim has been lntcrposed.
Young vs. Samms Two witnesses (plaintin and
anoher) testify that defendant was AT plaintiffs ohce.
Petty cannot prove negative upon the whole a case
for au assault made out and the motion should be
denied, with $40 costs.
Belel VS. Cohn.-Motion denied upon plaintiffs
stipuating ADMIT upon the trial the facts stated In
the moving affidavit which defendant expects to prove
by Wemple ind Van Antwerp No costs.
Christopher VS. Saltus--rhe aihdnvits showing that
Mr.. Wnile was informed before the action was CON-
menced that the defendants only nelc the judgment
as collateral for their lees prep0nderatc Indeed, II IS
quite evident that this motion Is not made IN good
faith suggestion at the suit was the result OF
i'll feeling engendered IN the proceedings in The Marine
Court IS no viii the TACT disclosed. The
mot must be denied, with $40 costs
Nemple vs.. Taylor.--rhe surety is not o defendant
in this action liable personally herein Even the
President, who sued as such, is not liable IN his
execution should he returned unsatsncd upon a re-
covery herein an entirely independent action would
lie against the shareholders personally not sucieht
10 Mr. Wheeler becoming effectively obligated
his Undertaking on the appeal herein. The surely
ana undertaking approved.
Matter OF Funcn, Edge COL am unwilling TO or
der a Judgment without hear ng the other side upon
notice. The questions which present themselves are
too serious and doubtful 10 justify any other course
The arbitration not to individuals named, but TO
committee. The requires all the arDurators 10
meet ana hear the proofs yet, but majority OF the
committee so met, aud tho award is OF majority of
majority and not OF all nor Is the constitution
OF the committee proven
Hoffman Sparng-l cannot prejudice the de-
fcndaut grant the stay. The plaintiff is the most
likely party TO be injured by the delay, and Il he IN
good faith seeks OF the order in question, see
reason why II should not DO an elective review
Motion granted.
the SEQ To be in full or upon account But tho
be found IN plaintiffs favor, as II not do
nicu that the defendant, stating his Wow
OF the matter, ana threatening judgment but without
cciting any response. Motion Denied with $40 costs,
with leave upon payment Of such costs 10 move upon
fresh paper. showing merits TO open the DEFAULT
and TO be allowed 10 come 10 and defend.
Percy Parsons ct aL-rhe motions IN the va
rious the orders extending the time to
answer denied with $40 costs The orders were
IN accordance with the usual PRACTICE and were en-.
TREY regular. There ground whatever Tor the
motions to set aside such orders. The motions in the
actions to set aside The ana all sub
segment proceedings are granted with $40 costs Sec
ton Us IS explicit that the summons shall be sub
scrlbed by attorney The objection was not waived
because the defendants were misled by the form Of
subscription and were not aware until the com.
piaint served that the summons was IN reality
subscribed by the plaintiff himself The Judiciary act
TO- u.,ptr I.ln hnnu nj a
Code makes later and express provision as 10 the
form OF the summons when the courts have no right
disregard But further, The section in question Of
the judiciary act has been held to be unconst-
tuiional, ana II Is now made rnisdemeanor
for any 10 make II business to practice or TO ask
demand or receive directly indirectly any compensa
ton Tor appearing as attorney, unless he snail have
been regularly admitted TO practice by the supreme
Court to the question oil jurisdiction, II Is only me-
ccssary to say that the Court at Special Term must
respect tho order OF the General Term and urther
that the Court without even the production oil SUCH an
ORDER takes judicial notice Of the attorneys OF the
Court.
BY Judge Donohuc.
Matter of Gaand.-Order denying motion.
BY Judge Lawrence.
Bernheimer and another vs.. W lllis.Ordcr granted.
The People, &c, vs. CoonaI Notice oil settlement
OF the order should be ven
cambridge vs. Berne-rne counsel for the plaintiff
has submitted reference to recently decided in
the Supreme Court OF the United States. desire 10
whether the defendants counsel wishes 10 be
Alden vs. Acheson ct. al-As the defendants ap-
peared by different attorneys and inerposed separate
titled to tax a biz OF costs. The OF Hcge
Robertson SO Superior Court Reports, D. So IL not in
point for the reason that n that case me defendants
appeared BY the attorney and the dcences were
the same. (See opinion OF Munell, Y. j. p. OIL Tho
case Of Allen vs. Wheeler 81 N: Y, p so.
where the fails TO one defendant and recov-
ers against The other.
SUPREME CoURT--sPECIAL TERM.
BY Judge Lawrence.
Halstead Seaman.-Cuunsel Tor the plaintiff Will
a v a
code restricting the power OF the Court IN tho
BY Judge Van Worst
Thomson vs. Thomson ct al-tindngs settled. Sec
mcmarandum.
Devoe ct al. VS.. BOYD et al -COmplant dlsInisseu
Opinion.
Powers, &C., VS.. Cassidy, &c--Motion granted and
new parties added See memorandum.
The Manhattan Life Insurance Company vs. McCool
ct aL-Judgmen, Tor plaintiff, liability OF defendant
Crawford is established.
BY Judge Van Brnnt.
Schwartz vs. Sanuols ct aL--Scc opinion
Best, &c, VS.. Richards ct al-Thc case OF Hartley
VS.. HARRISON "a New York, no. does moi change tho
views expressed by me the case OF Whiting VS..
Gcarly, decided at the March SPECIAL Term. the de-
murrcr must be sustained, with costs.
Loomer ct al. VS.. Huntington. &c.-Thc cases Of
Russell vs.. Whppc, Cowan $50, and PeeIs vs. Brat,
BARB, GC2 July .usta,n me compians IN tns ac'ion'
Wicknam VI. Allen.-The case Of Osgood vs. ogden,
Keys TO- seems 70 be precisely IN point The de-
murrer must therefore be sustained.
COMMON pLEAs-spEcIAL TERM.
BY Judge J. +. Daily.
Atkinson VS. APPROPRIATION granted.
Whiimore WnIlmore.--Divorcc granted.
In re application OF Isen. -Discharge granted. See
memorandum.
Comp aud another VS.. PratL-Motion denied; $40
costs to ABIDE The event.
Matter oil Cassidy.Urdcr TO be settled on two days
notice Sec decision.
Scngman VS. Guon-Thc motion will be granted on
First, hat defendant stipuutc TO waive
already accrued III his favor the demurrer and
that II pa nuns shall Withdraw demurrer he Will pay
costs TO them.
by Chief Justice G. p. Daily.
Sene vs. Koehlcr Findings and decree signed.
coIMoS PLEAs--EQUiTy TERM.
By Chief Justice G. p. Daily
Dayhn vs. Gresham; Matter of Oakley. Orders
settled.
MARINE CCuRT--CHAMBERs.
q McA