The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-19
DECISIONS.
SUPREME couRT-cHAMBERs.

By Judge Barrett
Foley vs. Rathbone.-Leave 10 granted 10 the de.
fendants attorneys to the written affidavit OF
Mr.. Henderson.
shlpman vs.. Bcers.-Temporary injunction denied,
Boil VS. Hibernia Fire Insurance Company OF Ohio
cannot do anything assist tho parties In this mat
ter Thore is nothing upon which the Court can act
adviscdy. The matter must be arranged by consent,
or, that is impossible, motion upon afndavs must
be made.
Clark vs.. Crane.-Opinion.
Trotter and others VS.. Volkening.-The motions are
still irregular in that there stay of proceedings
the order 10 show cause, which, under the rule,
could only be granted two days notice But, FUR
ther the motion was not to be let IN upon the merits
upon terms, but strictly proceedings
for irreguarty Now, there was irroguiarity, as
the order extending time TO answer was not properly
served and was properly returned. Then the motion
vacae was dismissed by default, with costs.
and those costs not paid. The motion TO
open that motion default ought not TO be
granted 10 permit motion to vacate Tor
irreguarty. II would have been otherwise, perhaps,
II there hal been In the present order to show cause
appeal 10 the favor on the merits OF The cause But
although that argued before not embraced
In the order show cause, and IT, thore FORE not up.
The motions therefore be Denied with $40 COSTS
Matter OF the RecevershIp OF the Guardian Savings
1nstitute-1hc statutory compensation was waived by
special agreement To this all parties assented Tho
agreement was subsequently stricken out on The APP
plication OF counsel Tor Qunan aud against him II
ceased BIO binding. The stipulation, however, was
Withdrawn any OF the other parties, and Mr..
McGowan VINO objects 10 the amount OF the
referees fees silent aud did not withdraw from
the stipulation. II is therefore, binoing as 10 him,
and as 10 ali parties except Quinlan and the latter
does not object to the present application But, ur
ther section 3l3 would seem to apply only to costs In
civil actions. The motion should be granted
SUPREME coURT-sPECIAL TERM.
By Judge Van Brunt.
McFariane vs. Forester; Dannatt Board OF Edu-
Gallon: ConklIng and another Davis and another
Bush vs. seoneId AND a ano!ner.-oo,ulons uo,
Defendants to have leave to amend upon payment OF
usual costs.
Limclew VS.. Sucbly.-Motion denied
Bartlett VS.. shirley Memorandum for counsel
Roster VS.. Ritter and Notwithstanding signed.
COMMON pLEAs-oENERAL TERM.
BY Chief Judge 9. = DAILY, Judges Robinson, Larre-
more Van Hocsen and j. f. DAILY.
Earle VS.. New York Lite Insurance Company.-Judg-
ment allrm opinion by Judge Robinson.
Noe vs., Gregory. -Judgment reversed. Opinion BY
Judge Van Hoescn J. +. Daily concurring.
Mailer schIoss and others.--Judgment re-
versed new trial ordered with abide event.
Opinion by Judge Robinson.
Schenecke vs.. RoweIl and others overruing
demurrer reversed. and judgment gwen for the de-
fenuants unless p.aintn witnn twenty days from the
service OF copy order TO be entered herein, amend
his complaint and pay the costs OF the trial on the de-
murrer and OF TINS appeal ITO DO taxed by the Clerk,
and Tor failure to amend and pay such costs that
fendant have Judgment hnnL Opinion by Judge
Robinson.
Brady vs.. Brady.-The order interiocutory judgment
affirmed, with COSTS without prejudice TO defend mt g
right To review the oruer directing an accounting.
Opinion by Judge Robinson.
The People, &C., Va. Holmes, &c--Referee's report
as to identity affirmed Opinion per curriam.
Havand vs. Clark and others Judgment reversed.
Justice DAILY dissenting.
West Side Savings Bank VS.. Acknowledgements az
nrmcd Opinion by Judge Robinson ana Chef J ustc,
| q. T.. Daily.
Lawrence VS.. Tho American Central Insurance. Com.
pany OF 81. Louis.-Judgment affirmed. Opinion BY
Judge Robinson.
coMMoS rLEAs-sPEcIAL TERM.
By Judge Van Hossscn.
Morco vs. Caremount- Refer ed to Nj. Jerome
Buck. See memorandum.
Maynard V. Muec-Moslon denied, without costs
Manchester vs.. Brands, &c.-hotion denied. Sc,
MEMORANDUM.
Mellauey vs.. wcssuDeck.--Case ordered on shor
cansc calendar. sec memorandum.
Scan W. bonneliy-Motiop granted on payment o
RESPONDENTS attorney $40 costs Of opposing motion.
Boardman Va Fro, iburg.-Motion Tor receiver de
ned soc nemorandum
scrauth vs.. Dry Dock Savings BAnk.-MotioI
schaub vs. kcCioskey - Notion granted IN part al.
denI.d rs TO residue See opinion
W-rnor va Moranga. -Moton denied. Sec memoir
andun.
Docrge vs.. BssengoE Default opened. Soc memo
randum.
Pacific Mail steamship Company vs. ,.uclling Re
port Of referee confirmed. see opinion.
SUPERIOR coURT--sPEcIAL TERN.
by Judge Freedman.
Dio,z Farish The defendant Is en- tiIled TO jud
ment, dismssing tho complaint upon the merits, viii
costs
BY Chief Justice GURUS
Pike VS.. McKie.-Ordcr settled
by Judge sanford.
Parnie va. Noelkc-Judgment tor plaintiff on de-
murrcr with liberty 10 defendant 70 answer on pay.
ment OF costs. Opinions
Maoy w. Duke.-Ordcrsd on day calendar for the
Gath OF June.
Heugemen VS.. Haaror ct al.--ordsr discontin uin z
action and canceiling lis pendcns
Mares VS. the Manhattan Real Estate Association. -
Ordered on day calendar Tor June Ia
Miller, Jr., vs. the New York Cement Company ct
al order continuing injunction.
TutniI va Masters Order vacasing verdict
Slavery Va Land OF aL-Urdcr continuing Injunction.
MARINE ooURr--CHAMBEns.
BY Judge aocpp
and NAH nalh vs. Eca lhar Han