The New York herald., 1877-10-23
SUMMARY OF LAW CASES.

Application made yesterday 10 Judge Donohuc
to have amended the complaint in the suit 0i Alger
non S. Baxter against the Rutland and Washington
Railroad Company. Tho Court took the papers and
reserved its decision.
The trial Of the old SUIT Of William Tory against the
Grant Locomotive Works to recover commission for
the sale OF locomotives the full facts of which have
already been published, was commenced yesterday
before Judge Speir IN the Superior Court.
Judge Donohue yesterday granted order directing
Edward A. Sothern 6c within three days his
In the suit brought against him by the Count oannes
for damages for his alleged porsonation OF the Count
in the .'CrusLed Tragedan."
In the suit OF tho Union Trust Company against the
Houston and Texas Railroad Company, tho facts Of
which have already been published, motion was made
yesterday before Judge Donohue for leave transfer
the SUIT the United States Court and also asking
that the examination be stayed meanwhile. Judge
Donohuc took the papers
Moses A. Schneider, bank teller in the Merchants
Exchange National Bank, charged with cmbezzlement
OF the funds OF tho bank was before United States
Commissioner Osborn yesterday ana waived
animation He was committed Tor trial IN default Of
bal
Jacob Fuch, charged With shipping piece OF dyna-
mite in a casK of wine on board a German steamer
was yesterday discharged by Judge Benedict on his
own recognlZa TO appear court when called upon,
jury who tried the last week having
SIX Doing ior acquittal and Tor conviction.
In The SUIT brought by Attorney General Fairchld
IN the name OF the people against the Tweniy-third
road companies, ana In which recently motion was
made and argued 10 strKe out parts Of tho answer
charging the Attorney General with COLLISION with the
| Central Cross Town Railroad Company as scandalous
and impertincni. Judge Donohue yesterday denied
the motion, with thc following memorandum ~
understand that the allegations sought to be stricken
out go 20 good faith OF the SUIT and SO are properly
| set up"
| An inquest was taken yesterday before Judge Van
Brunt IN the suit OF H. b. Canin g. Co. against Thomas
X Crow and Others charged with having entered into
u conspiracy to buy goods oi them without paying Tor
them. All the doias OF this alleged conspiracy have
already been published. verdict was gwen Tor the
| plaintiff for $74l 81 lnquesls also taken on tho
| complaints OF eight other business firms against the
same defendants, but the interest the latter
hsd computed tue entry OF judgment was do
ferred until to-day. Messrs Armstrong 4 Briggs az.
pearec as attorneys for the plaintiff, and T. G. Briggs
as counsel.
In the suit OF Joseph Blumenthsl against Robert J.
Anderson Judge Barrett gave decision yesterday of
importance 10 lawyers. He ruled that the Judgment
being exclusively Tor costs aud allowances II presump-
lively belonged to the attorneys, except the
ments; that the law gives costs and allowances as
smart money, but TO indemnify the party against legal
charges, and that nothing Is better settled than tue
attorneys lien upon tho judgment tor his aud
charge and MS right TO be treated as an equitable
Ignee thereof.
In 1867 Mr.. Barmore bought in lot OF property at
sheriff sale 10 this city and also at Poughkeepsic,
Tor about $40 900, and paid Tor IT, Mrs. Priscilla Smith
sued Barmore to recover $4,000 claiming that the
property sold BELONGED TO her. Mr. Barmore died
1875, ana Mr.. Thomas B. Maclay, his executor was
substituted defendant IN action, the trial OF
which commenced yesterday before Judge j. +.
DAILY. in the Court Of Common Pleas Messrs William
A. Beach, A. j. Vanderp0el and Maclay Il Nudge APP
pear Tor tho defendant, and Messrs. Mccarthy and
Niles for the plaintiff
IAN g. Choate, appointed by tho Supreme Court, Cen
erai Term TO examine Candidates Tor admission TO
Bar, reported yesterday that the following young gen.
temen had successfully passed the exauiinatiou:-
Joseph KuDgman, Henry hoyt, jacob Frommc, Manuel
Pogada, Davl +. kimoall, James +. Machune, George
Abbott, Theodore j. Stuyvcsan Walter ogcrt George
Behrens, Morris W. Hart, Henry A. Holland, James
Leman Robinson, James Grayson Johnston, Pierre
+. Dierck, DR., Richard A. Gainhill, Henry NJ.
Ecscheldi, Benjamin Yates and David A. O'Conncll.
The Committee on Character meet Tomorrow.
Joseph English was before Judge Benedict ycster-
day in the United States Circuit Court charged with
having hs possession and Offering for Tor 500
a United States nvetwenty bond OF $4,000. ana
which the name oil the payee, Lydia NJ kimDer, from
whom some bonas had been stolen, had been changed
to the namo OF George Higgs. The defendant was
found guilty. and remanded Tor sentence In conse-
quence OF counsel Tor the prisoner Offering
10 good character the Assistant District Attorney Mr.
Foster produced the record oil PRISONERS previous
conviction and sentence TO three years,
Den which sentence had only lately been completed.
A motion was made before Surrogate CALVIN ycster-
day behalf OF tue contestants or The will OF Mrs.
Ann Murphy, who lived between West Farms and 1rc-
mont ana VINO died on the l2tn Of June last. She
lett an estate valued ut IS 900 to her grandch
uren-threc children OF Martha Wiiies her daugbter
three children OF Mary Ann Jackson her daughlc or,
and her grandson, the son Robert Murphy. By
this disposition o her property she disn herltcd her
husband and her nine children. Tho executor IA DR.
Frank smith, who is left IN entire charge OF the prop
erty Tho motion was made Oh the ground OF undue
influence. Tnc testimony oi the attcslng witnesses
taken and also that oi the lawyer VINO drew the
Will The further hearing Of tho then
Journcc
In the criminal branch Of the United States Circuit
Court before Judge Benedict yesterday by the order
OF the Attorney General nolie prossequ was entered
In tho case OF George w. Bglow, clerk employed IN
the New YORK Post Onice, who was charged with en-
bczzling letters containing yauabes while IN that EN-
poy. Representations were made TO tho Attorney
General that Bgiow was OF uDsound mind, and DR.
Gray. OF the state LuDatc Asy um, directed TO re
port the case lie did so and stated that Bglow,s
condition OF mind at the time OF tho on of tho
offence rendered HIM incapable oil knowing what he
doing On this report the Attorney @ cneral ai.