The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-05
DECISIONS.
SUPREME CoURT-cHAMBERs.

DECISIONS.
SUPREME coURT-cHAMBERs.
By Judge Donohue.
Gresel vs. Rubsam; Pinckncy VS.. Kennedy; matter
OF Dusro Mutual Lie Insurance Company vs. Frucht-
mucht.-Granted-
In tho matter or Reuter-; Dc Iavalctie vs. Windt;
Purdy VS. ConneE.-Motions denied.
Morris VS. Dorsey Dcnicd. Memorandum.
Ammidown VS.. Goedecke -Motion denicd without
Acvey va Cantreil: Taddeken VS.. Cantrell; matter
OF Murphy. -McmOrandums
People State OF New York vs.. The Mason Manufac-
turing Com pany.-Order settled
BY Judge Brady.
Contastabos vs.. BevanR-Ordcr granted.
BY Presiding Judge Davis.
Bates vs. Cunningham.-Order granted
BY Judge Garrett.
Lord, Jr, &c, VS.. Flnk.--Opnion.
Bryan paoii Belt Company. denied, with
out costs.
Bryan va. Paoli Belt Company.-Motlon denied, with
Bryan VS. Paoli Belt Company.-This decision was
correct and must stand.
In the matter OF Davis TO vacate assessment This
was case Of repavng within the meaning OF tho
act OF 1874. 1t tile paving Tor the irst time Of
what practically new street, the rcseIting OF the
old pavement being but necessary incident thereto.
But even II It wero u repavemcnt within tho mean
ing OF that word as used in the act the motion 10
n substantial II not literal compliance with the
law as 10 the required petition OF property owners
which petition WAS signed by he applicant himself
Then, TO the contract beng given out without public
bidding, was 0,hcrwsc ordered by vote VI threo
Gil" That is discretion was vested in the Commits
sorer. There beng no substantial irreeuary ana no
fraud having been proved tho motion must DO den led
BY Judge Lawrence.
ste'tz Va Green; Moran Va Watkns-orders
granted.
Cumming va New York Cement Company and
others Memorandum for counsel
Hucrs.al vs. Torley, &c.-Tne motion for an Injunc-
ton Is granted; the motion Tor the appointments OF
receiver is denied
McCutcheu VIZ Bowen-Ihe report OF the referee
which lie Court is asked to pass upon aud confirm on
his
papers therefore returned To the clerk in order that
tho report may be submitted.
Coping C0pping.-Even II the additional afn-
tavit presented could he received tho motion
confirm the report OF the referee IN this which Is
Laws OF 1852 sections and 2 have not been complied
WITH counsel Will readily see by an examination OF
the act, 5, r. s., 9th cd. p. 6j7.
Leslie VS.. Paoli Belt Company; Bryan W.. Same
Motion remove receiver heretofore appointed is de-
Mod, with costs OF motion. do not feel inclined at
to direct the sale OF any OF the property Of the
corporation except the bad debts. When they have
been sold such further application as may BIO necessary
be made 10 the Court.
Brown and others VS.. Townsend Savings Bank-The
vacate the attachment Is denied for these
reasons :-Firs-l alleged IN the defendants ain
davlts the recover appointed by the courts Of Con-
necticut made no claim TO the property attached and
therefore not properly defendants the action,
the trial OF the cause tho appropriate Judgment
he rendered and the rights OF the defendants
tected. sccond-li, MS is alleged by tho plaintiff,
the defendants do claim the property
por lou thereof, as they have been duly served
no right 10 decide on mollon that they should not
aidavs disclosing prima iace case tor the issuing
OF attachment, the Court will not, motion and
upon alidavi.s, pass upon the merits OF the Case.
Losce VS.. Norfolk and Petersburg Railroad Com
pany.-1he p'aintiif's counsel Objects among other
matters, that here Is no proper proof before the
nor AS tho conditions upon which con-
soliduun made, and that the order Tor Mr.. Per-
k,ns' examination having been issued regularly and
upon proper proper pers the plaintiff Is entitled to
proceed with the examination. In this think that
he IS correct. and shall therefore permit tho
IN 4 no ta
exam and ny the record that the witness
receiver appointed by the United States Circuit Court
for Virginia, that all the properly which no has
his hands he holds In that capacity, and not OTHERWISE
the whole question MS TO the power oil this Court
tho plaintiff to nave a receiver appointed hero try
the question OF title on the question OF the POWER OF
this Court to intervene and ake possession OF tho
fund express no OPINION, bull as Inc case stands the
examination must proceed.
SUPREME coURT--spEcIAL TERM
BY Judge Van Worst
Lynes &c. VS.. Brunder, Jr, and others Judgment
for plaintiff Sec MEMORANDUM
SUPERIOR coUaT-spEcIAL TERM
BY Judge SANFORD
Leo ct al VS.. Henriques; Lester VS.. New York
Enamel Paint Company; Roussei VS. Tho ST. Nicholas
Insurance. Company ct aL-Motions dcnicd, with $40
costs
sturgis vs. Fosan ct al-Moton TO continue inJunc.
tion pcndcnte lite dcnicd, with sl0 COST.
Bensel ct al vs. Gray.-Case and exceptions settled
and ordered on ie
Basset Henrques. Motion granted.
CAN'T Conner, &c.-Case settled; fourth d.
mcnt allowed.
Boyer al. va Rettig.-ordcr granted and underak.
Ing approved
RoussoI Va St Nicholas Insurance Company. Or.
der denying motion tor "A new uial
Arnam VS.. Conner Under the rule laid down In
Huyne vs. Robertson (3s New York Superior Court,
59j but bill OF costa be taxed la favor
iendants relaxation Is therefore ordered OF single
bill
smith vs. CaatrelL-Moton denied as far as order
directing discharge OF lien concerned (Aemorau.
| dum.)
MARINE coURr--CHAMpEEs
by Judge S!nnott
MURRAY LCthy.--MOtiOn tor cticmcnt OF order
denied.
! Curry Fariey.--Motion granted, stay vacated
no costA
Anderson vs. Darcy; connor W.. Smith. Motions
granted.
Luilerin Naturalization to yacatc order OF ar
rest denied, but Gauge set down for triaL
/ keecr vs.. Griswold Judgment for plaintiff.
The New YORK Luhographing and Engraving Com
! pany vs.. Hyde. --Attachment vacated
fersht vs. Weisnan; EDzcl Egglcston; The
Market National Bank VI. Tracy Myers vs.. Bunman
| Andrcws VS. Andrews; EDerhardt vs. Sodgwck
PostIoy va Hcrs, O'Conncii Badger; Reilly vs..
kIDs VS.. Fisher; Woodruff VS.. Sprague; MaitDy VS..
CoGey; Palmer Wv Beatty; Fisher We. houbcn; GIc,t
vs.. Lamane Epper vs.. buch. smith Rapelyca =
| orders granted.
GENERAL SESSIONS--PART 9.
| Before Judge Giideraicevc.
PLEAS AND SENTENCES
/ Edward J. Lynch. o No 200 East Tucptv. chtl,