The New York herald., 1877-03-01
DECISIONS.
SUPREME COURT-CHAMBERe.

by JuQge BarTett.
Sweet Va Adams.-The defendant o non-resi-
dent within the meaning Of tho section OF the Codo
which authorizes an attachment. The motion should
be denied with $40 COSTS and as 1t appears that tho
defendant was personally served IN Denver, Col aud
as other stated tending to show bad faith on
tho defendants part DO not think that leave 10 re-
new should be granted.
Burts vs. Ba6son There is principle better sct-
tied than that The Court will not relieve the morsgagor
from the Of his mere negligence whereby
he suffers the whole debt to become due and payable
according to the terms OF the mortgage Relief can
only be afforded where the creditor acts frauduenty
or oppresslveiy. But such acts must be airmativey
proved, and cannot be prcdicated, simply taking ad-
vantage Of he debtors negligence. Upon the lacls
this should be denied, with $40 COSTS ana the
stay vacated.
Pinckncy vs. Kennedy. dy.-Moton granted.
Murphy vs.. Moscs.-Upon these amdavits think It
emineptiy proper that eacu side should pay It's own
counsel and that the iund should not be reduced III
the slightest degree by any such pay mens. The
Counting had better be closed as speedily aud with as
little expense as possible The present motion IL
denied
Compliant dismissed, with costs and $40 costs
Of motion.
Hcarn vs. Cleveland Motion denied, without costs
Connor vs. weber.-Motion denied, with $40 costs.
In tho matter OF Drain Il know authority IN law
for the granting OF this application.
SUPREME coURr-sPECIAL TERM.
BY Judge Barrett
Sleyin Va Pollock FINDINGS signed as proposed by
pa,nuH and all defendants requests declined. l do
not mean thereby say that some Of the defendant Is
requests not correct AS matter o! fact They are
correct irrelevant and n,materal a finding Of
evidence as distinguished from fact
COMMON PLEAs--sPECIAL TERM.
BY Judge Robinson.
Matter OF Martin.-RepUrt confirmed.
The West Point Manufacturing Company vs. Baker
Cohen vs. Tayor and Gerhardt w. HackcL-Motions
denied, with $40 costs.
MARINE CoURT-CHANBERs.
BY Judge McAdam.
tipov va inopr Stubcr SChwarZ. Cilaev
vs t;ucpcnhemer.-O OWnions hled.
Desruf vs. Ham; Leiber VS.. Drew.-The defendants
herein will be unless they appear per
dorsement upon papers
Hart VS. Bonsail.-Moion granted.
Frank vs. Rosenberg Motion granted conditonolly.
Marol XXI vs.. Papadoporilo; Daz.an va seymour
Defaults opened condtonaly.
West Side Bank VS.. Newton. Motion to open default
denied; no costs.
Hess VS.. Glackon Compliant dismissed unless
terms arc complied with
Ahern VS.. Dunne.-Mr. Edward Jacobs appointed
receiver
simon Va Mooney; Roberts VS.. Read; Backer VS.
Andrews. lotions granted.
Ball VS.. Auder; wcigal VS.. EngIander; Gade VS..
Spcncer.-DcfauIts.
Barr VS. GoodseIl; Burns W.. Mccullough; Sisk vs.
Bubb; hunt vs. ST. John.-Complaints dismissed
Brook vs. Conner; Dohery w. Swnnson.-Motlons
denied.
Voorhis W. Norris order to pay over moneys.
Mellon VS.. Calvcr.-Bai reduced TO $3.50 and action
to be tired on the 9th OF Marcn IN Part B.
Schlrcn vs.. Phyfo p roceedpgs dismissed.
Pincus Roscn; Douglass w. Acknowledgements
OF dismlssas en- cred.
Mct,auqhney VS. Dyer. Attachment vacated
BY Judge Sinnott
Bonnet vs. Ross.-Opnon