The New York herald., 1877-03-17
DECISIONS
SUPREME coURT-cHAMDHRs
BY Judge Lawrence.

Godzier vs. stemmier-Tho s00th section OF the
Code amended by chapter 434 oil the Laws OF 1870
fees and sale under decree OF ioreclo-
sure. The Legislature must In my opinion, be consd-
cred In having passed tho amendment with reference
to the decision of the Of nness vs.
Purcell (2 Thompson Cook, 53S and to have intended
10 limit the reerec TO the charges wnch lnat case
titled to his disbursements tho SALE and this did
not understand the plaintiffs counsel 10 deny AS the
point now, no costs OF motion are allowed
Roscoe vs. Loye-I wish 10 know about what amount
will be required 10 pay Tor tho repairs which 'ne re-
cciver desires 10 make
In the matter OF Hunter.-Order granted.
Burts VI. Babson. JE-l adhere TO the view OK
swcr is frivolous and that painu is entitled to an
order overrung the answer 10 Judgment thereon.
Martin vs. action aas wcn na a ,h" racr
should made in that Court Tho writ OF haocas cor
pus will be dismissed on the presentation oil an order
properly drawn Tor that purpose.
PetrIe vs. Myers-Upoc consultation with tho jus
tice who tried the am OF the opinion that the
asked for should be granted upon pay ment
Campbell! vs. CampbelL-Thc sum Of 500 would. In
my opn,on be lar u, 10 % me n% ,mo
payment by the defendant OF that amount the ordcr
sought will be granted. go
In the matter OF Count ROBIN Hood (No. lBl-Thero
should be two certificates. Laws 1875, p 264.
Matter OF Maclay. &c.-I desire TO hear counsel IN
regard 70 his application.
E,itredge VS.. Rycr-Keport Of referee is confirmed
Cohen vs.. David; Luke VS. Ancd; Devlin We. Shan
nop.-Grantcd.
BY Judge Barrett.
Rogers Locomotive anu Machine works VS.. bi's-
The defendants cannot be compelled 10 pay into
Court the sums claimed The question Is whether tncy
arc liable for all That Is tho very matter which IS
proceeding determine that question III advance upon
motion, and to enforce such determination ny pro-
ceedings for contempt Further, there Is no lund IN
the defendants hands except the tr,fng sum specified
IN the answer which Is not aimed ut by Inc notice OF
But even II tho status % :" oe se % ppU
cation The remedy by action and the recovery can
only be upon the final Judgment therein. MOTION de-
t;rosz VS. RIGGS the defendants have acted fraud
ulcnty or opprcssivcly tho plaintiff can have ample
and adequate relief Ia the original suit That suit was
equitable character and there where oil the pro.
ceedngs have been had, relief and thut III summary
way) may appropriately be sought Tho Ian IAN
quagc oi Rcy ynolds in Savage VS. Allen. 54 w. 463,
meets TINS The remedy BY inJunction Is sup
DOS cd to be an one be rcsored TO-
general rule only where an injury without adequate
redress may result If the writ be not employed ana
tins does not appear TO me to oc any such case Mo-
ton granted, with $40 costs to abdc the event.
BY Judge Lawrence.
Wilmcrding vs. duncan. Strike out the namc Of rel
cree aud the all lowancc.
Collins VS.. Cushman. Leave blanks or inc name ot
the referee and tor tho allowance.
COMMON PLEAS CHAMBERS.
BY Judge Larrcmoro
Aiois pavICuscN vs. Jo'epha PAv'ousok'-Divorco
Matter. &C., OF Meyer Rice Bond added In the pen.
Bcamcs vs. Towns.-Findings signed.
Brown aud othcrsvs Hartman.-Dccrcc signed.
EIsrnberg VS.. Lemon. -intcrrogatory settled.
Scwitzski VS.. Koster.-Moti0n granted
Paff vs.. Paf and othcrs.--Pcttion granted
by Judge Van BrunI
Hunt vs. Wenck ana others.-Findincs signed.
BY Judge Larremorc
Brodic VS.. Storrs Motion granted
Childs VS. Storens; Kahn VS.. Franz-Appl'cations
granted.
The Lake Shore and Michigan Southern Railway
Company vs. Brcnnan.--Order signed
MeIch VS. Melich.-Mouon dcuied, without preju-
dice.
MARINE COIRT--CHAMBEpS.
BY Juagc McAdam.
Dusseldorf VS. W0ln, Ferguson vs. AUSTEN; Ryan
vs.. Foley.-Opinions died.
Ninth National Bank VS. Baer.-Order settled.
Kick VS. Scheible. Motion TO punish for contcmpt
denied The receiver may bring any action at law ne
may be advised 10 roach tho property claimed