The New York herald., 1877-11-13
SUMMARY OF LAW CASES.


Judge Larremore. OF the Court OF Common Pleas,
yesterday granted absolute of divorce in tho
case OF George Rsthuan against Elizabeth Rathman.
The will OF Dr. Thomas Mars. which 10 contested by
Charles f. MaiSs the son, and the daughter Elizabeth
Workman, on the ground OF the tcstator's incompe-
tcncy was yesterday admitted to probate by Surrogate
Calvin.
United States Commissioner Deuel. yesterday dis
charged Victor Allcin and Frederick Fenentes who,
somo time ago were charged with having smuggled
clerical vestments into this port, the Commissioner
deciding that snsre was not sufficient evidence.
Jane Dooley has brought SUIT against Mary f.
La Cour, guardian all litem for Augustus Lyon, IN
iant to recover $4,000 damages for injuries received
through being knocked down by alleged negligent
driving OF Lyon at 125th street and Eghth avenue
Judge Larremore yesterday granted motion to place
tho mo calendar tor trial. unless tho plaintiff
accept short notice OF trial.
In the case OF Bridget krun. charged with the mur
der OF Mchael Cavanagh. her counsel Ar. William +.
Howe yesterday consented the the writ
OF habcas corpus, she having been committed by Cor
oner Croker ior tra to await tho action oi the Grand
Jury.
States commissioner Shields yesterday on the fnlorm
alton OF Mr. Anthony Comstock charged with sending
obscene and blasphcinous puolcations through tao
mails. The particular publication referred to was IAN
Open Letter Addressed to Emanuel Jesus Christi hav
ing un obscene inquiry in reference TO the virgin Mary
There was lengthy argument yesterday before
Judge Barrett on motion Tor new trial IN the well
known SUIT brought by the Countess heinrutch against
the executors OF the late Daniel Marley Alter hearing
Mr. Laroque Tor the motion and Mr.. Stickney IN oppo
sitlon Judge Barrett TOOK tho papers.
motion was madc before CnieI Justice Davis, in
the Court OF oyer and Ierminer yesterday, TO dis
charge from tue police magistrates commitments Mr..
30 Christian Ro0s, against whom there are com.
plants OF fraud IN soliing drafts on Europe which
dsnonored. The counsel insisted that thore
nothing in the papers disclosing more than more ln-
fomalty or mistake In the transmission oil tue funds,
and that the man hau the misfortune TO become
solvent. Decision was reserved.
The writ OF haueas corpus recently granted in the
case oil Mabel Leonard, with temporary injunction re-
straining Mr. Frank Grard, her guardian, from ap
pcaring the stage at Tony Pastors was returnabc
yesterday IN supreme Court. Chambers. Mr. Enge-
nardt stated DvhRt oil exJudgo Ditenhoeie
gel ior Mabsls father. that Judge Dittenhoefer was
engaged In the silk smuggling trial Ia tho Uni.ed
States Court and hc therefore asked adjournment
Mr. William T. Howe, the opposing counsel interposed
NO objection, aud the case was set down tor hearing
on next Friday.
ON application OF Morris Abrahams, appellant in
q suit commenced by him against John Finzel IN tho
Eighth District Court, tho Court OF Common Pleas
made an order by which Justice Gedney was required
hve days TO make and ME further or amended
RETURN stating certain facts and answering ntcrroga
tories winch were propounded IN the order arising
Of this proceeding. Mcssrs. GoldIo2le IL Fisher at
torneys Tor Mr. Abrahams, obtained yesterday from
Chio Justice DAILY order requiring Justice Gedney
to appear before the Court OF Common Pleas, tho
10Th inst and show cause why an attachment should
not issue against nun as Tor contempt OF court
Max Greenbaum, indicted on charge of receiving
Lawrence, In Supreme Court, Chambers, writ of
nabeas corpus secured Ny Mr. William 4. Howe, his
counsel was stated that he had been confined for
threo mouths IN the Cy Prison and that every effort
10 oring the case to trial had Jailed motion
cordingly made for his discharge on the ground OF
nonprosecuton, which was granted.
Tho Commissioner oil Public Works recently, under
direction o the Board OF Health gave order for
opening OF Egnty-second street. from avenue to tho
East River, the ground that necessary tho
public health that sewer should be built throogn
this street. Objection was made yesterday before
Judge Lawrence by George Jones, through his coun-
sci, Mr.. Manu. to tho opening Of such street, II being
claimed that there was not present pubic necessity
for u. Alter hearing Corporation Counsel Whitney
opposition Judge Lawrence stated that IL not tho
Of the properly owner to decide the question OF
the necessity OF opening puoi street. He stated,
however, that he would take the papers with view
to the appointment OIL Commissioners, and intimated
that In OF inadequate award the redress OF tho
property owner was by aclion ut law against the
Commissioner OF Pubic Works