The New York herald., 1877-01-11

Heatherton vs. Hcatherton. and Seymour, Jr., W.
Qulrk ct sL-Orders granted
Beard vs. Lawson-Motion granted.
Weeks Dietsch ct al, and De Forest VI. Vail Of
Perpiy ct al VS. Nendt. and swindls w. swindle.-
Denied.
Thayer vs. Marsh.-Moton denied.
Elliott the Westchester Fire Insurance Company
Notion denied. Memorandum.
Lord VS. Smith.-Bond approved.
Tucker VS. Livingston.-No power TO make this
order
Booth vs. Kehoe Undertaking on appeal
1rIpier vs. Adamson. Where is notice TO judgment
debtory
skaats va. Wheeler-I do not think the undertaking
sufficient
Biglow VS.. The Mayor, 8c-Moton granted on pay
ment Of all costs to present trial.
BY Judge Barrett.
Matter OF Cannan. respect to the guardianship
that may remain as Is II may be engrossed In ac-
cordancc with the correction made upon the hearing
The people rel Sanders vs. TownsnenL-See
r. s., title 2, part 8, chap. g. art 2, sec 3s, giving
judges OF the Superior Court the power of Supreme
Court Commissioners The judges Of the Court OF
Common Pleas of the degree OF counsellor ataw also
possess that power Tho Recorder also seems to pos
sess jurisdiction.
SUPREME COURT--sPECIAL TERM
By Judge Barrett.
Hicks &c,va Martin ct aL-ordsr settled ana
Avery. &c, vs. Smith, Jr., ct al-orders settled by
allowing Mr. Egms but one bill OF COSTS and Messrs
Marsh and Wallis bill. The clauses as to the I'M.
resulted from tho copying Of the demurrng parties
They sufficient however, to justify rehcarlng
on the morits MIR. Judd's order Is improper and IS
dismissed
SUPERIOR COURT-SPECIAL TERM.
BY Judge Sanford.
Bamberger vs.. Hbbard-There has been great laches
the part OF the plaintiff in opposing defendants
motion set aside the judgment herein aud IN bring
ing such motion to hearing upon the report OF the
referee perusal OF that report and Of the evidence
hereto annexed has, however, convinced my mind
that tho judgment ought not to be set aside there
torc deny the defendants motion 10 vacate the same
and direct that the report bo confirmed Tho
v.tuiu roltO for n
the judgment must be denied. He must enforce IL
against the representatives OF the deceased defendant
10 the prescribed by law. No costs allowed on
this motion.
Struppnlann ct al. vs. Muller alL-Moton granted,
with stay OF proceedings pending appeal. provided
such appeal be brought hearing at the next Gen.
eral Term.
Flanagan; Wakeman vs.. Gross OF al Donney VS..
Bergen; Fowler vs.. Cantrcll; Amcrmaa vs. Kunbel ct
aL-Orders granted
COMMON PLEAs-sPECIAL TERM.
ByJudge J. +. Daily.
Matter Of Capitalization dismissed without costs
Matter Of shipman Application denied; costs
Gemlen VS. starke-Receiver appointed. Sum.
mons and complaint as amended must DO served on
Matter OF Strauss. Application granted. Assignor
will attend the 18th nsL At ten A. NJ at Chambers
to be examined.
Moncret W. Samallen. Accounting ordered See
opinion containing directions.
PavlOusek vs.. Pavlousek.-AHdavit OF attorney IT.
regular.
MARINE CoURT-CHAMBERs
By Judge NcAdam.
The Star Publishing Company Va The Elastic Truss
Company; Mcbride vs. Gookln; Wells VS. Ferguson /;
Marwell vs. Courtney.-Opinions filed.
Hirsch Howard.-Deiault opened on terms
Cellcr va Hewsen-Recrred TO f. r Wilder, Esq.
Robinson DavenpOrt-MotiOn denied No costs.
The Brooklyn Bank va. Menard-Motlon disposed Of
as per Endorsement
Kay VS.. whising-Motion granted for February o,
1871
Klcmm VS.. Solomon-Compaint dismissed unless
within days plaintiff serves complaint aud pays $40
costs.
Adams VS.. Marsch; Holman Swanson; Fleury
VS.. MARCEL; Canadian Bank vs. Blakslee Bird vs.
Puppke; Clark vs.. Atlas Steamship Company; Smith
vs.. Smth-MOtl0ns granted.
Saiari VS.. Deroto-Costs taxed at $167 CO.
Ellis Blake Manufacturing Company.-Inter-
pleader allowed.
Wagner va Ketetas; Coblont Bernhem Greer
vs.. Schauck.-Deaults noted.
Youngvs. Citizens Supply Company.-Judgment for
plaintiff.
Noyos vs.. Partridge; Southard va Roche.-Motions
granted.
Ehrlich Vs. Frank.-Assignment ordered to be made
TO Howard Beck, ESQ.,, and prisoner discharged.
Thurbcr vs. Auken-Ordcr OF arrest vacated
Smith W. Smith.-Motions granted two motionsl
Fox va Palmer.-Bond approved
Ellis vs. Winchester; Cromier va. Blossom. .--xoNnns
granted.
BY Judge sinnott