The New York herald., 1877-01-16

sorer held her await the action OF the Grand Jury
The examination Of Kelly then resumed, and
John Depust. the driver Of the express wagon from
which the mail bags wore stolen testified ON behalf Of
the government 10 Kelly and James Crawford beng
the principals In tho stealing Of tho bags AZ the
quest OF Mr.. Emerson counsel for the prisoner, the
further examination OF Kelly was adjourned iii to-day
DECISIONS.
| sUPnHME coUEr-cHAMBxRs.
BY Judge Lawrence
Dambman va. Butter6eld.-The order proposed BY
the deondants counsel Is right II the question which
the defendant is required to correctly set
FORTH Tho minutes upon which tho decision WAS
based have not been submitted with the proposed or
dera There seems 10 be no difficulty in counsel agree
ing after referring to the minutes 10 tho precise
questions directed 10 be answered.
Lyon Sulyer-I see propriety In the provision
contained IN the proposed order relative 10 depositIng
unds III the Trust Company, IN which IN the present
aspect o this the plaintiff have interest.
Those provisions therefore stricken out Tho de-
posit Of the 81, 500 in the Trust Company seems 10
KIDD vs. Bristow-In this case the parties agree
that there should be receiver apponte on the ada
Wits submitted. declined to appoint the plaintiff and
suggested that II the parties could agree upon
TO act receiver would appoint MIN. Such agree
Fo"wins whs. ~ have been he nracilce
IN tho Court Of Chanccry shall refer tho question as
20 the proper orson to be appointed as receiver 10 the
and report tue amount OF security TO be given by the
receiver.
pany-ln TINS case tho papers IN behalf Of the plaintiff
have yet been presented.
Kages vs.. Marx ct al.-The consent submitted docs
comply with the scventythird rule ol this Cour.
Matter OF the Ladies' Association Of Inc Lutheran
ST. Marcus church.-Not approved.
Natter OF Ahb0rn.--The counsel for the creditors
opposing the petitioners discharge certainly referred
tho proceedings before Justice Donohue aud tho
Superior Court before Judge Spcr, and am Of the
opinion, therefore, that the recals pianed the
order proposed by HIM should be allowed to stand.
BY Judge Donohue
tho matter unsafe buildlug5 Grove
nue.. east side, 275 feet Cin street, John j. QuinE
ow ncr.-G rahtcd.
Greer vs. Allen.-Memorandum.
Hudson Schiller-Moton denied without costs
Back Continental National Bank-Motion
tending time one week
Hess VS. whailey. Allowance to plaintiff, $500; TO
delcnaant s425; 10 guardian, $685. anu costs nve per
SUPREME coURr-sPEcIAL TERM
by Judge Lawrence
Borsel ct al vs. Astor Il aI Sellgman ct al vs. Macy
ct ul, and Kissaui Algc Ct al-Judgments signed
Suowden vs.. keese.-tnc demurrer to the compliant
should be ovcrruled. While that the recov-
cry the judgment against the Bces Sewing Machine
Company Is az against tho Trustees Of tho Company
neither conclusive nor priwa tdcie evidence OF the
fully AYERS Indebtedness 10 the assIgnors oi the
plaintiff the part ot The Company and the recovery
OF judgment thereon, which have boon assigned to the
paintlL do not think that t Is constituting tho COM
plant lbcrally nod that It sufficiently appears
that the Indebtedness was assigned to The plaintiff
Such Indebtedness he will be compelled to prove upon
the trial but the complaint is not IN my opinion bad
on demurrer. Demurrer overrulod with leave
within twenty days on payment ot costs.
SUPERIOR CoURT-sPEcIAL TERM.
Held by Judge Sper.
Kelley, &C., DusenDury.- warrant In this
case should not have been granted. See opinion.
Lauiare Va. Lsuiure.-Repors OF referee confirmed
and decree Of divorce granted
Wallace VS.. AarKs-Order Of arrest denied.
Robertson vs. Bennett-Acton Tor libel Defend.
moves that p'aintlH receive amended answer.
Granted payment OF plaintiffs costs of motion.
Opinion.
with usual leave, with costs. opinion.
Sloane Vs. Vibbard-Dcmurrer sustained, with tho
usual leave. Sec memorandum.
Metropolitan Lite Insurance Company vs. Cold
man.-The motion to amend the answer granted on
pay oi costs OF the motion.
Brague vs. Lord OF ai.-Ordered on day calendar for
first Monday OF February.
Boody vs. Ogden ct al.-Order restoring cause to
calendar
In the matter OF Regulating and Grading 123d street
from Eighth avenue TO Mount Morris-Refcrrcd to
William Watson to take proofs, &c.
The Bowery Savings Bank vs. Smith Of al.-Reier-
ence ordered.
Ballard vs. Bambcrgcr. cr.-Motion denied, with $40
Whorning,on vs. Tho Forty second Street Railroad
Company Order restoring cause TO calendar.
Van Derzell ct al Vs. Slater Undertaking ap-
proved.
Sloane ct al Va vibbard.-order sustaining dc.
murrer, NC
pany.-Undcrtaking approved
Jennie Evans w. Alexander Evans.-Order for ali.
mony and counsel lee granted.
By Chiof Judge Curtis
Dcmuth va American Instllute.-proposed
settled
BY Judge Sanford.
Struppman et al. vs. Muller ct aL-Order settled
COMMON PLEAs-spEcIAL TERM.
By Judge Van Brunt
Obrcpin vs Micr.-Moton denied, with $40 costs, TO
abide event See Cplnion.
Dcvlin The Mayor, &c Motion for reference
granted See opinion
scott vs. CassIn, &cMction granted, unless defend
within hvc days gives bond with two surctes to
approved by OF the judges OF the court to pay
any Judgment, which may be obtained in this action.
$40 costs Oi this motion 10 plaintiff.
BY Judge Van Hoesen.
Matter OF Meycr---Decrse signed.
Behrens VS.. Robnson.--lhe Plaintiffs motion de-
MED. Soc Memorandum.
GoIdshear VS. Lcvy.-See memorandum
MAXINE COURT cHAAiBERs.
Bv Judge McAdan.
Anern vs. Tyler: Wells vs.. Ferguson: Basini VS..
Batini; OBricn Seibrech Hamilton w. LORI lard
Lupt vs.. Browne; Walton vs. Hunt-Opin0ns filed.
Mclaughlin vs.. Ennia-Mo.ion to vacale arrest de-
MED, but bail reduced to $500
Saundcrson VS.. walkcr-Moton denied, without
COSTS
Rogers Brothers vs. Morris.-Aotion granted; ar.
vacated, without costs defendant to spuatc not
TO sue.
Kerr VI. Conrad. MOTION to vacate attach ment
granted without COSTS; defendant to spulatc not TO
Hyatt Vs. Miller; Campbell vs. Billings Motion de-
med
Ahern vs. Llado.-rhe orders heretofore entered
herein will be rcsettcd by denying the motion to va
cate the arrest with $40 costs upon payment OF which
the defendant may have leave TO renew upon addi-
tional aindavits; order to he settled on one days
notice
Pstryn Slate Company vs. Meyar; Straus vs.. Crete;
Reid VS.. Hcaly Frank Va Oppenhem; Hyatt vs.
King; wilkins VS.. Collins; Kinney VS.. Belchcr; Star
Publishing Company VS.. Elastic Truss Company; San.
ford Wuisten; Wendell vs. Harr,son.-Motions
granted
Lynch VS.. Tobias; Kissam VS.; Richards; Kellogg
w. Iannon; Gordon W.. McCahill; Gics w. Kahn;
Bradbury Chain Company vs. OertcL--Dcfaults
Lens vs. WkinA-Order 10 pay over moneys.
Mechanics Bank Va. Parker-Motion denied.
Apgar vs.. Suydam Taxation affirmed.
wilkins w. Thomson. Com mission ordered.
Harding vs. W0lfcrs.--Seo Endorsement on papers.
Berghaus vs. Buchan; Lehman VS. GoadIey.-Mo-
Sions denied, without costs.
Richardson Va. Diossy.-Motion denied; $40 costs