The New York herald., 1877-11-23
NEW YORK HERALD FRIDAY NOVEMBER 2s 1s-TRIPLE SHEET

payment or tho Sheriff fees and disbursements In
Cured oy the piaintif and costs Of motion
Robinson Va huiier.-rhs motion IS denied, out
without costa and With leave to the defendant 70 e.
new u uew trustee 10 not appointed or AL applica-
ton or the appointment ola ncw trustee IS not made
before the January .erm.
Williams vs. stewarI-Motion denied. put without
costs. as costs are lot imposed IN opening default,
aud also with leave "a .ne plaintiff TO renew ais mo-
ilor 20 place TIE cause on the short calendar he
snail be so advised
smelling rs wh,ppie-rhe proposed order recites
thar the summons was served BY publication There
IL 40 order Tor publication with she papers and
lnidavtts submitted DO not show service oy prblica-
son and the order should be presented or an affidavit
Pond VS.. Thomas The motion tor leave 10 amend
the answer Is granted the OF COSTS OF mo-
tion out denied SO Tar as II relates 10 the agree
meEL
wightman. &c, va Montgomery. Chapter 800 OF
the Acts OF the Congress Of 1874 aeprved .hs court
OF all jurisdiction IN actions brought oy assgnees IN
bankruptcy Tor :he recovery Of property or debts be-
longing 10 or due TO the bankrupt where the same tx
cocoed IN value or amount the sum OF 5000. ~ was
held by the General Term OF this department In Olcot
W. Aacean III 5. c. R., pages 27,-27sl that by this
act Jurisdiction was Withdrawn from the State courts
even as 10 actions commenced before tho passage Of
the act aud then pending Under these circumstances
the action having been apparently orouaht IN good
without costs.
By Judge Brady.
Tho Bieeckcr Street and Fulton Ferry Railroad
Company vs. Tue Mayor, &C.. aud The People vs. The
Twenty-third Street Railroad Company et M.-opln-
ions.
BY Judge Donohua
Hart Va Pettit-l think the order correct
SUPREME CoUgT-cIRcuIT-PART /.
BY Judge Van Worst.
The Canadian Bank OF Commerce va Hilenbrand-
Case and amendments settled.
SUPREME coURr-cIRcuIr-PARr g.
BY Judge Van Worst
Manning, &c, vs. Hogan -ResetIlcd by disalowng
thirty and thirty Ihird amendments; Otherwise
case 10 stand ~ settled.
SUPREME CoURT-sPECIAL TERM.
Weld, &C., VS.. Strong and othors.Findings OF fact
and CONCLUSIONS OF law settled and signed.
Manhattan Late Insurance Company vs. Crawford
The counsel tor :ho parties viii appear before at
haif.past one +. N, on Friday November 23 at Spe-
cla Term.
BY Judge Van Brunt
hausbach vs. Metropolitan Lilo Insurance Company;
Schiller Va Dletz-Cases settled.
SUPERIOR coURT-sPECIAL TERM.
BY Judge sper.
London and Manchester Plato CLASS Company dim
ited).-Reierence ordered.
Harrison pinckney.-Tho injunction Is dis
solved IN accordance with the within order TO show
cause
Bruce vs. Bruce-Papers incomplete.
Poillon vs.. Lawrencc.-Motion TO remove lis pom
dens denied, with costs.
Brewer va Brower.-Report OF relorec confirmed and
decree granted
Bond VS.. welsh.-Ordcr reversed. Memorandum
Holman va New York Central and Hudson River
Railroad Company.-Bill Of exceptions settled.
Louisa Martins vs. Ferdinand Aartins.-Judgmont
Of divorce In favor oil plaintiff
Grocsbeck et al. vs. vanderpocl.- l.-Cndertakings ap-
proved ON Justification.
risdale vs. Yandell.-Order amending judgment
roll.
Wormscr VS.. Meyer; Cohen vs. Platt OF aL-order
on day calendar Tor the 3D. OF December.
keyscr " Al vs. Allen.-Order opening judgment,
&c.
Miller vs.. Levy ct al Bond approved.
Butler vs. Titus; Waterhouse vs. Westray; Wolf VS..
The Emporium Fire Insurance Company; Hornbacker
w. Borgehagen ct ai. Kadail VS.. Brenner; Dank
a. Sotedo ". dwell; Arnold vs.. Goodwin; Patrons
PANT Company vs.. Penninger ct al matter OF the
application Of Selman; Brady va Rothschd.- Orders
granted
Atzscherling vs. Van Winkle OF aL-Ordcr confirm
Ing report OF receiver.
COMMON PLEAs-spEcIAL TERM.
BY Judge Larrcmoro
New York Life Insurance Company vs. Foley; Same
VS.. samo.-Report confirmed and decree ordered.
In the matter Of fLondon-Bond approved.
In the matter Of Kendal! aud olners.-Report Of
referee cont med and decree ordered
Kuner VS.. Jones.-Decreo signed
Abraham vs.. rinzcL-The certificate or tho Justice
shows that there was substantial compliance with
the order.-Motion denied.
Briant vs.. Briant.-Applcaton granted.
McGay VS.. Donnei ct al Whitehead va Dixon
Report confirmed and Judgment ordered
Grlce vs. Fox ct ALL Judgment ordered
BY Judge J. +. Daily
In the matter oil Gruubinner.-rhe accounts OF tho
assignee cannot be approved without proof OF tho
propriety OF the disbursements made by nm. which
consume about one-third OF tho sums collected by
him. Tho usual ordor tor reference may DO applied
tor at chambers to tho Judge there presiding
Decring VS.. DunsheL Cause will not involvo tho
nm nation of account. Therc arc many items on
the bill OF particulars OF tho claim Tor services hut
they all TO DO considered under til separate EN-.
ployments ana more. Notion denied with $40
costs to defendant 10 nbido evont.
The Security Bank VS.. Warren.-Motion denied with
$40 costs TO do ndanL 10 aUde event OF acton.
In the matter Of Fak-The accounts oil the assignee
referred back TO the referee that ho may
aud consider any evidence offered by creditors the
assgnors whether they appear tho schedules or
not1 as 10 the matters embraced this accounting.
Hearing to be had on Two days notice
King vs.. Phelps-rhe Marine Court act (chap 40,
Laws OF ls76 Sec Az provides only Tor the lorm OF
the undertaking 10 be gwen appeal TO tho Common
Pleas Tho provisions OF the Code relative
ton OF suress upon exception not made appiicl bio
10 snch undertakings Notion 10 set aside execution
granted.
MARINE CoURT-CHAMBERs
BY Judge McAdam.
Men ulty, receiver, vs.. Neyer-Opinion filed.
Bauman VS.. SchritL-Motion granted on payment
OF $40 costs within SIX days. tSee Marine Court Pr,
ID cd. 1891
Betz vs O'Neil--Motion Denied No costs
Byrnes vs.. OConnor-Molion granted Tor Arst
Friday Of December, IN Part 2. No costs.
Bayot vs. Bertrand.-Reierred TO h. B. More.
Kennel W. Somers.-Rcierrcd TO w. s. kiley.
Grout vs.. PraL Motion granted.
Ihornhill vs.. sIeDrechI-Case declared abandoned.
Beers vs. Downs.-DelauII noted.
The Market National Bank Va Tho Middleton
Shovel Company; Palmer Va. strauss; Mcknight vs..
Gerry; sherman VI. Ferguson; Laurel vs. Habart;
Thornhi! vs.. siebrecht; kreiscnsr vs. The Municipal
.. q. Company; Sanzade vs.. Murphy; Mcdonald vs..
Taylor; Caik!n Va Courier; Smith W.. Cox; Warner
vs.. Thompson. n.-Ordors granted
GENERAL SkSsIONS-PART L
Before Judge Sutherland