The New York herald., 1877-03-06
DECISIONS.
SUPREME cOURT-cHAMDFIS.
Rr Iudgo 1nwrcucp


Roosevelt Hospital VS.. The Mayor. &c.-l fad among
the papers submitted no brci on the part OF the de-
icndants, and desire that The Corporation Counsel
should either submit brief or make some statement
OF the points upon which he rces.
In the matter OF Belmont anu others.-Wihout pass
ing upon the other questions in the orIcIs submitted
by the petitioners counsel II TO sufficient to
say that the resolution oil the Common Council did not
authorize any expenditure for regulating grading
and the assessment must therefore De vaca, ed.
Thaucs vs. FrosL-Order as settled
Union Dime Savings Institution vs Osey-Ths
be reargucd, or II the parties prefer they
may submit briefs. The questions which arise on the
appear ~ be com pca.cd anu important aud 10
require !uilcr discussion shan they received upon tho
Patterson vs. McCunn Mccutchcon vs. Esseng,
&c Memorandum.
Morgan vs.. Tweed Memorandum for counsel
BY Judge Barrett
In the matter OF Mellen.-After consultation, would
suggest counsel that Tho better way 10 procure
settlement OF the debated question is 70 apply TO Tho
Justice who refused the discharge 10 nix the bal II
such justice shall decline do upon the ground
that The act OF 1878 is hts judgment nsppcaDle,
then application Tor mandamus 10 require such
justice 10 hx the bail may be made TO ne General
Term aud the qucsti ion can then be settled by the u
bcncn. and thought advisable, carried TO the Court
OF Appeals. .
OF where The Court at SPECIAL Term never TRES
the issues and this Is one Of that class. IL ~
only where the Court usually tries such issues ana
where the verdict oil Jury Is merely sought TO adj
wise its conscience IN close case that ihc ruio APP
plies. Here tho special Term would certainly send tho
issue 10 a Jury and II may we'll be donc now. II IS
almost matter Of right and the rule Is not applicable
10 such case have settled the torn OF tho issues
upon the margin Motion granted, without costs, as
there was unnecessary delay.
Madgc vs. PUG Order settled.
SUPERIOR COURT --GtNERAL TERM.
BY Judges sedgwck and Sanford.
Enstein Chapman ! Judgment affirmed, with
costs opinion bv Judge Sanford.
White Mcalio--Judgmcnt reversed: new trial
ordered, with costs TO appcanto abide event. Opinion
by Judge SANFORD
MADAM VA Covert Exceptions sustained; verdict
aside; ordered, with costs 10 paintin TO
aUide event 0pinou by Judge Sedswck
Dunphy VS.. The Ere Railroad Company -Judg-
ment reversed new trial ordered with appel
liant 70 abide event Opinion by Judge Scdgwck
by Judges Gurus and spcir
Ponvert VS.. Belmont. Judgment reversed and new
trial ordered, with costs TO aode event. Opinion by
Judge Speir.
BY Chief Justice >Curtc and Judges Sanford and
Freedman.
Mills vs. Gould Order appealed from affirmed, with
costs. Opin on by Chief Justice Curtis.
Parker vs. Harrison. Judgment affirmed, with
costs. opinion by Judge Sanford.
Mason vs. Decker, gmont and order affirmed
with costs. Opiniou by Chef Justice Gurus
Carter vs. Young ct ai--Ordcr appealed from at
drmcd with costs OPINION by Chiei Justice Curtis and
Judge Sandiord
Every VS. Adams Judgment affirmed, with costs.
Opinion by Chic. Justice curtis.
Weston vs. ho Sew York Elevated Railway Com.
pany Judgment aud order affirmed Win costs
opinion by Judge SANFORD
Dn on ct al vs. Masterson.- Judgment and ordor re-
versed and trial granted, witb costs TO appellant
TO abide the event. OPINION by Judge freedman.
Ryan vs. The Mayor xc.-Exceptions ovcrruled and
judgment ordered for plaiDtn on the verdict, with
costs. Opinon by Judge Freedman.
Moore ct ai. vs Bconi. ~. r.--Exccp ptons overrulcd
judgment ordered for plan,Ir on the verdict, with
costs Opinion by Judge freedman.
Is! Judges SANFORD and Freedman
Cro,tyvs Mckenzie Order affirmed, with costs TO