The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-14
DECISIONS.

" pullman appeared lot tue pialuhu ouu AuSoASs
Scudder Carter Tor tho defendant
DECISIONS.
SUPREME COURT-CHAMDERs.
BY Judge Davis.
Beland Va. Hid; Hurd vs. Brewer; IN tho matter OF
Vulcan Iron Works va Hervcy.-The rules OF tho
Court stu operative and an expression o. mo ais
Of the Court TO require an undertaking in all
cases. am bound by them.
Ryan Baker and ano:hcr-The plantia, though
resident OF louisiana voluntarily su~d 70 this court
whom he could have commenced action IN the United
States Court l think no should not DO allowed to
remove It without notice TO defendant. Prayer OF
Whi,csdo va Casiady.- do not think the adidavit
sufficient
his right 10 except the report, because he had
notice OF its being filed. Even II the d0cketing
was too soon the defendant fails TO show
any inquiry from That fact Tho docket
may be amended by altering It's datc from
the 23d Of December 1876 TO the LIST day OF January
order 10 that effect may entered without prejudice
defendants right to except 10 the report NJ any
time before the expiration Of eight days after the
entry OF the order
Aaron w. Bernhar it, deny this motion condi-
tion that plaintiff stlpuats that immediately after ser.
vice OF ny defendants tho issue shall be re-
erred to X. g. Bcardsal. Esq, u hear, try and de-
termine the in i've days notice. and to proceed
without delay tho In diem before SAID reeree the
basis of SUCH stipuatons defendants may enter the
oil reference ut any time IN five days alter ser
vice OF his answer without notice aud therefore may
time aforesaid Will be deemed rejection OF the sp
uation refer. $40 cost OF this motion TO abide event
Andrew vs. Now Jersey Steamboat Company-rne
amendments should only be allowed on reasonable
conditions 1t IS proposed to cnnnge the action IRON
an equitable one wholly 70 one ~ common Jaw. ane
rightfully succeeded IN II. Tho new trial Was granted
solely because the referee did not consider the case
in It's legal aspects aud pass before plaintiffs rights
to recover that view. " appears that alter jung
ment the referees report tho plaintiff commenced
an law for the Same cause OF action and Al.
tnCh UroDCrtV OF QefcndantR H0 must. there.
lore, conditions OF leave to amend pay 10 dcfend-
ant $40 costs Of opposing this motion; s!puia.e to
discontinue pay detcndants cost OF The other
action brought by them; and pay TO the defendants
the alter notice Of trial and The trial leo OF tho
tho former answer shall stand AS tho answer 10 the
amended complaint, defendants SO elect. or to pay
costs Of preparing new answer hereby liked ut $2o II
DEFENDANTS elect 10 answer anew
by Judge Lawrence
Nostrand VS.. Rpiey-Motion denied on the ground
OF laches, and also on on the merits.
Secretary OF the New York Hospital vs. Coe-An
allowance OF $500 granted To the defendant on DIS
continuance. CONN vs.. Coke, Hun, GIG
Mills W. Koderwald This motion does not present
any essentially different features from those which
appeared on the original motion. In Affirming the
order made ut special Term General Term held
the previous motion that as the defendant did not
show that the wife was irresponsible tho bnil could
not be released. Il Hump, 2S9) In my opinion the
AFFIDAVIT read this motion does not show that tho
wife is irresponsible IN TACT or In law Motion
denied, with costs.
Wood vs. KeaL-I understand II 20 be conceded on
the that the witness fees had not been paid
either the attorney whom the order was served.
or to the elendanis whom Is proposed to cxamnO
Since submitted the Presiding Justice
held that party cannot DO put IN contempt TOR
rot appearing n until the Witness lees havo
been paid rendered. (See Freeberg W. Branigan,
Daily Register, December II. 1877 per Presiding JUS
tce Davis) Motion 10 punish defendant Tor contempt
49, thercioro denied, without costs
SUPREME OBSERVATION-DISCLOSURES 2.
BY Judge Lawrence
Murtagh vs. Conner, &c-The pleadines have not
been presented on Tho motion TO impose treble dam
isiactor,iy without having the pleadpgs before me,
and request counsel 10 hand thc In as soon a. pos
sibc.
SUPREME CoURT-sPECfAL TERM.
BY Judge Van Worst
Cunning W. Lockman ct aL-Order settled and
by Judge Barrett.
Marshall VS.. The Mayor, &c.-Findings settled and
SUPERIOR CoURT-sPECIAL TERM.
BY Judge Sedgwick.
Cary Va Gregory aud others-Motion granted upon
payment OF costs, term fee, trial too aud dsburse-
Ranncy VS. Davis ell aL-Motion granted
Craiehead vs. riigbman ct aL-Judgnent for plain
til on demurrer
Cobb VI. Knapp-Remitttur filed, judgment ai.
nrmcd
Thomas Fellows; Jcssup vs. Carnegie; Jour.
Cutt,ng; ogvic vs. Same; Down vs. same. = Orders
granted
COMMON pLEAs-spECIAL TERM.
by Judge Larrcmorc.
In tho matter OF Putnam, &c 10 the matter OF
RotnschiId; Busch VS.. Leeds aud anosher-Approvcd
Lorcnz VS.. Butier.-Give notice of motion.
story vs. Solomon; Griffin vs. ACCOMMODATIONS
granted
BY Judge Van Hocsen
In the matter OF GumDruner; In the matter Of Hem
nan.-Dccreo signed.
Mills VS. The Mayor, &c. duplication granted.
MARINE CouRT-cHAMBERs.
BY Chief Justice Shea.
Ovcrington vs. Vanderbilt; Pearsail vs.. Malcolm !;
Epstein W. Levy.-Motion granted.
West VS. Caiahan.-Motion denied, with costa
Heaiey vs. Biack-Moiion denied.
Mcrkie VS.. Lhc.--Motion to dismiss complaint
granted, with $40 costs
Hllureth vs.. korn.--Ordcr staying proceedings.
Teets VA Gus; Boyian va Barrel; Hess VS.. Ruger ;
HoIyoke Paper Company VS.. Alfred; wufus VS. Bic
dcbacx; seybold vs. Kietz; Cronoguo VS.. Quinn. =
Orders granted.