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-
Keller VS. Strasburger-I do not see but that the
irreguIarty is fatal. Morton must be granted, with
leave apply Tor new order oil arrest tho pay
menl OF costs Of this motion.
Hewitt VS.. Puig.-Moton granted on payment OF
COSTS OF action and costs OF motion.
Anthony w. DaY.--rhe decisions In this State seem
establish rule that II the paintin Is entitled 10
recover at all no must be so entitled when nc action
Humiager vs. Humaser, How, 3; McCulhng vs.
Colby Bos., 603. Tho piaintin in this action cannot
lnis action upon the facts they existed at
It's commence ment as the General Term have decided
consequently subsequent events cannot be pressed
into scrvce tor the maintenance oil the complaint
Motion granted, &c
Loughran. Jr, vs.. smith Motion for Injunction do
Lcnneim VS.. Corbctt-Reference ordered
In the matter OF Duriee.--Report confirmed.
Jackson vi. Burns-Granted on payment OF $40
COSTS.
Kelly VS.. Thomas Motion dcnoa with costs Mem
orandum.
U'Gara VS.. Kearney.-
The People ex rel Sanders vs. Pinckney; Burns va
The Mayor, &c.--Motiou denied.
Simmons, Jr vs. Fcllows.-Motion granted.
Lamh-Orders granted.
Jackson vs. BinDey- counsel VIII submit pro-
posed order will examine papers
Solomon Prestou.-The answer Is not SO clearly
bad AS to make It frivolous. Motion denied with $40
costs to abidc event
Heath W. Hulse.-I think that the receiver should
account and tnat the creditors should determine
whether not this action should continue. An order
to pay dividend cannot be made until That matter Is
determined
SUPERIOR couRr-sPECIAL TERM.
BY Judge Sanford
Schuchman Oswold ct al. Arrowsmith va O'Sul-
livan-Referenccs ordered
Cooper Longworth ct aL-Order denying motion
10 vucate order OF arrest
Appleby vs.. Stafford ct al Referees report con-
1red and Judgment OF foreclosure and sale ordered
k'ngsbury VS. Kerwin--or staying proceedings.
M0ers al. Hoyt Ut aL-Order amending COM
Gilman VS.. stevens Undertaking approved
Mr(.u nnltc npta FIR Anal tnhu
Falconcr Us. RIco.-Order granted and undertaking
approved.
appotuting Henry q. Blackmore, receiver, &c
White ct al Vs. lsaacs ct al-Ordor vacating judg-
ment against solomon Isaacs
Plug VS.. Conrad ct aL--Reiercnce ordered.
Workman VS.. We'll CT a-Ordcr appointing Thomas
Thurber Esq, guardian ad litem OF infant defendant
Selma Hemier.
In tho matter Of the petition Schalk, an insolvent
debtor Petitioner discharged from Imprisonment.
Workman We'll OF al Person VS.. Ferguson; San
derson The American National Lille Insurance Com.
pany; Same VS.. Same; Grosvenor VS.. The Mayor &c.
Peters Harrison; Yates VS. Smith ct al Schuch-
man vs. Oswold CT al. same VS.. Same; Connolly W..
Williams; The People, &c, ex rel Heating vs. The
Board Of Commissioners OF the Department OF Public
Works-Orders granted.
BY Judge Scdgwick.
Eagan VS.. Walsh OF al-.Order settled
COMMON PLEAs-sPECIAL TENN.
BY Judge Larronore.
Smith neutrality-suspicious. for stay denied.
Smith VS.. Smith; Philbrook vs.. Crotty OF al-See
decisouR
Drew w. league and another. Motion to strike out
the sham aud frivolous denied; $40 costs to
defends to abide event.
In the matter of Jamison, Jr.-Rcport confirmed.
In the matter of Story IN the matter of Foster in
tho matter of Laxan. Applications granted
In The matter, &c, OF PcrKIs.-Ciation ordered.
Third Avenue Savings Bank W. Doyle ct aL-Rcier-
Darruy VS.. Reeves, IT,; Zuran VS.. Conkiin-rhe
Clerk will place the causes on calendar without
End,cott and another VS.. The Firemnn's Insurance
Company-Application granted without costs either
party.
OF costs also payment Of dish easements OF commits
sion commission be issued.
Rennck W. Lawrence.-Motion to vacate order
granted on conditions, with $40 costs
Melleney vs. Weisenbeck.-Mo ton granted on pay
mcnt Of costs.
MARINE CoURr-CHAMBERs.
BY Judge Sinnott.
Rirara vs. Experimentation granted
Wctzel Vs. Standardization to stay proceedings IN
I'll costs of former action are paid &c, granted but
Evans vs. HoYman.--Motion denied; no costs
Stuppcl W. White. --Receiver's bond approved.
Low VS.. Ely.-Motion for extra allowance granted.
barrow VS.. Scbucrr.-Order resettcd and filed.
The National Park Bank vs. Dawson; REM VS.. Le-
beruer; Schwartz VS.. Cohen; Fuohes VS.. Rcmhard:
ODonovan Dcrer; Goldberg va. Williams; Willard
vs. Appleby.--Orders granted.
Roos ZeyIer.-Arrcst vacated.
Swift vs. Crossman.-Motlon SO far granted that the
third parties arc directed to pay the money due to tho
Judgment debtor into Court to the Clerk OF this Court
Curey vs. Eagleson H. Order modified and filed,
Donohue vs. Kailerly.-Motion Denied wit bout costs
Ackroyd Vs. PowelL-Motion is denied, without
costs.
Kasschan vs. Holton.-Afldavit Of service detective
Sec papers with Clerk OF Chambers.
Curry st. Andrews Lutheran Church.-Judg
mont Tor plaintiff
Winter vs. Acknowledgment for plaintiff on
answer sham. nc.
Doogue VS.. Seiorccht.-Francis Lawton appointed
receiver
Mccullough vs.. McKennA Motion to vacate stay
! granted.
Scott vs. wheat-Motion Tor bill OF particulars
granted
Roberts VS.. snyder-Motion granted unless terms
complied with.
Baxter Mcyer-Stay Of proceedings vacated
Cazade VS. acknowledgement vacated.
Singer VS.. Epsein-Order Of arrest vacated stipu
lating not to sue.
Meyer vs.. Sohwarz-Mot,ou to advance cause
granted
smith VS. Sullivan; Germania Bank VS.. Reno
Gallup vs. Wilorook; Lyail vs.. Bamberger; Zwe,g vs.
Pollock; Arnold VS.. Conner; Conner VS.. Rykert;
Shepherd Merrct, Ogden VS.. Haines Mamlock
VS.. Lew; Cohen VS.. Spear; Ninth National Bank vs.
Baer; Kahn VS.. Spcigel Harrington Meyer; Baxter
Vs. Meyer; Martin VS.. May.-Ordcrs granted
COURT CALENDARS-THlS DAY.