The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-01

Fireman. vs. skiddy.-Motion denied
Dale vs.. Buckley.-Findings and decree signed.
SUPERIOR coUGr-rRIAL rERM-PART 3.
b. Chief Justice Curtis.
Joynson vs. Richards ct al-Judgment for plaintiff
Sec opinion.
COMMON PLEAs-cHAMBEEs.
BY Chief Justice c. p. DAILY.
Matter OF Dnnlap.--See memorandum.
Walker VS. Donovan. reference ordered.
Vanderbilt VS. The Erie Railway Company and same
VS. same.-Motions granted.
Matter OF Dove -lnquistion condrmed and COM
BY Judge ). Y. Daily.
Fosgatc vs.. OConnor.-Casc settled; memorandum
for counsel
COURT CALENDARS-THIS DAY
SUPREME CouRr-CnAMBERs-Heid by Judge Dono-
hoe-Sos g. lS0 222 20, 300 POI. POS, 3o6 800, 32l.
SUPERIOR CouRr--sPEclAL Tsgx-Held by Judge
Sanford.-No day caiandar.
MARINE CorRT-TRAL rRRx-Part 2--Hed by Judge
Sheridan 9593, 2471 1912. $751; s4ls S4ll $780,
1927, $500, $3.50, s732 1926. 452s, $40, ss2a
UNITED STATES SUPREME COURT.
RIGHT OF VIRGINIA TO COMBINE THE PLANTING
OF OYSTERS IN HER TTDEwATERs TO HER
OWN cITIzENs-EFFEcT OF ANSWERS BY THE
INSURED on AN INSURANCE POLICY.
WASHINGTON. April 30, 1871
The Supreme Court rendered the following decisions
to-day
No 625 McCready vs.. The State OF Virginia. Error
to the Court Of Appeals Of Virginia, and other
case.-In this II Is decided that the State
of Virginia can prohibit the citizens OF other
States from planting oysters in tho beds of dewaters
within her jurisdiction, while permitting her own peo-
pie do For the purpose OF the ownership o the
dewaters and their beds II IS said that the State
resents the people and the ownership Is that
OF the people IN their united sovereignty The
tito thus held IS subject TO the paramount right OF
navigation, the regulation OF which IN respect to
foreign and interstate commerce has been granted to
the United States. There has however, been such
grant OF power over tho fisheries. These remained
under the exclusive control OF tho Stale. which has
consequently the right In It's discretion TO appropriate
its tide and their beds to be used by It's people
a common Tor taking and cultivatlug nsh, so
tar IL may be done without obstructng
navigation. Such an appropriation Is in effect nothing
more than regulation OF the use OF tho people OF
their common property. This right OF the people OF
the State not from their citizenship alone, but
in fact property right, and not mere privilege or
immunity OF citizenship The Chief Justice delivered
the opinion.
No 220 Now Jersey Mutual Lite Insurance Com
pany VS.. Baker-Error 10 the Circuit Court Tor the
Northern District ofNew York.-fn this case tho COM
pany seek to AVOID the policy the ground that GER
tam by the the date OF the issue
that the policy contained any agreement that tho
statements OF the applicant should DO express war
that they should have any effect whatever,
that the application itself was ever presented TO
tho insurance company, or that tho policy
based upon the application. IL is fur
Their found tho agent OF tho company
undertook to interpret the made, and as SO
form it Is held to DO statement prepared by the COM
pany, for which 1t alone is responsible and that II
cannot be set up to defeat the policy. Affirmed. Mr..
Justice Hunt delivered the opinion