The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
DECISIONS.
SUPREME coURr-CHAMBERs.

BY Judge Barrett
Levy VS.. Curtis. Motion to consolidate causes
granted without costs.
In the matter OF the Trustees OF the Bullure Mining
Company Report confirmed ana receiver appointed
Campbell vs.. Pmkor-Upun perusing Mr. Van
Syck's briefs and rcconsldcring more carefully the
peltion satisfied that the petitioner entitled to
In the matter OF widening, &C.. Broadway
party has named several good referees, any one Of
wnom should be g.ad to appoint Bat as they nave
been unable 70 agree upon any one ana as no
appears each OF the lists submitted ] suppose /
ought TO appoint an independent referee The order
settled In form and Mr.. George w. Foren is appointed
referee Tie argument TO be proceeded with upon the
coming in Of his repor. on notice OF ivc days
Foley W. kathbernc.-rhe Gusts oil the order OF FEB
rulry have been paid Such was tho effect OF what
place before tue referee The costs OF the order
Of Apr "a have not been paid, but the attorneys Tor
Wemore gently served copy OF lnat oruer with
tho costs omitted, the painIns attorney cannot DO
accused oil deceit IN simply taxing wnat was served
upon him Tor granted. No costs OF this motion will,
consequently, be granted and tho order resetlicd.
That May 81 must be modified so as To tho
motion, costs Of tho 80 CT the order OF April "a, OF
course leaving the SIG 50 and SIS 90 10 stand
la the matter oil the Guardian Saving Institution,
No l.--IDe statutory comp ensaton waved by
special agreement; TO this ali parties asscntcd. Tue
agreement was subsequently stricken on The app-
cation OF counsel Tor Qunlan aud MS against him
ceased to be binding. The stipulation, however, was
Withdrawn as 10 any OF the other parties, and Mr..
Mctiowan who now objects TO the Referees fees was
silent, and did not Withdraw from tho stipulation IL
Is, therefore, binding TO HIM aud as TO all parties
except Qunlan, and the latter does not object TO the
present Application. But, further, section 313 would
seem 10 Apply only 10 costs IN civil actions The
ton should TO granted
No . 1 am constrained to hold upon the prcscnta-
tlon Of this matter that the memorandum above made
by me cannot, tho llonal aIldavits submitted
be adhered 10. The stipulation stricken out Ii
was signcd but Was simply entered the ret
crce's minutes. From these minutes IL was stricken
out and Consequently " does not appear there Thus
there IS neither agreement IN wrItng entry upon
the minutes Further, the proceeding was In a civil
action. am unable, therefore, 10 make the order
asked and, as there other claims 10 tho fund the
matter should stand over until receiver ~ ap-
pointed who can investigate each claim aud properly
present before the court the question OF priority or
equality
In the matter OF Pickney, .&c- Il observe in cxamn-
ng these papers That no notice OF the proceedings
required TO gwen TO The Of kin tho supposed
iunatiG. rms was a serious omission, when tho
pressure and haste oi business accounts tor Ii is gill,
time, however, 10 correct the mistake by recurring
that copy OF these papers, with notice OF motion 70
confirm the nndDg VI tho Jury and for tho appoint-