The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-22
conclusion of the testimony Judge Kolly took the
papers, reserving his decision.
SUMMARY OF LAW GASES.

SUMMARY OF LAW CASES.
meeting OF the Bar In favor OF n repeal of the
new Code will be held In the Supreme Court General
Term room tomorrow at two n.
On consent Judge Larrcmore OF the Court OF Com
Pleas yesterday discontinued the suit OF Richard
s. Clark and twenty-egnt others against the city.
motion for an injunction TO restrain dispossess
proceedings was yesterday made before Judge Law
renee in tho Of Rufus Hatch against the Charter
Oak Lie Insurance Company Decision reserved
Before Judge Sutherland, in the Court OF General
Sessions, Ferdinand Hem was tried yesterday on a
charge OF stabbng George Reynolds. found guilty
and sent 70 tne Penslentary Tor one year aud Jour
months.
Church, which recently applied TO the Supreme Court
for the appointment OF receiver, winch was granted,
cever revoked. 1t was stated ia the pe,il,on mat
since the previous application some S. 600 has been
contributed by friends that the Board Is now SOL
vent The application WAS granted.
Mary l.. Morris has brought a SUIT for divorce
against her husband, Isaac n. Morris. They
married Ia 1869 ard havc two children living. She
charges him with various aduteres. No answer has
been put in and the case was yesterday referred by
Judge Lawrence TO D. +. lngrahain. Jr.
In thS SUIT oil Margaretla Ortung against her hus-
band, Eugene Ortung, tor divorce on the ground OF
adultery, tho facts Of which have already been pub
lisnsd IN Tho HERALD, Judge Larremoro ordered u
reference to John 5. Samberson 10 take, and de-
termine and report TO the Court.
In the Of Edward II. DedricK, dismissed from
the Seven TN regiment, N.Y. month before tho
expiration OF has term oil enlistment. for alleged pnysi
Cal disability, there was quite al argument yesterday
before Judgo Lawrence, IN Supreme Court Chambers,
tor mandamus against Colonel Emmons Clark, direct
Ing HIS Reimbursement. Mr.. Lewes J. Grant read
affidavit OF Dedrlck tnat he mad not been examined
by the regimental surgeon alleged. On the other
took the papers.
Judge Lawrence yesterday granted decree OF
divorce In favor OF Charlotte L. Smith IN her suit
against Henry W. Smith, the facts OF winch have been
published. He grants 10 the plaintn the custody OF
The children, AID Ihirty dollars weekly allowance Tor
nrt nfh Psnl dakt idpnn
"A hearing WIS gwen yesterday before Surrogate
Calvin in reference to the viii OF Commodore Collins,
who dominated Sara Collins executrix aud his son
EDWARD X. Collins, Jr., as executor. No objection
being made TO the wdow she entered into the
the son and the surrogate referred tho matter to Mr.
II. b. stanton. ExJudge Curtis appeared Tor the son,
and ex-J Judge Besbe for the contestant
John K. Barstow has brought u suit against Biglor 4
Co. ~ 245, balance claimed 10 DC due HIM
TOR salary master OF the ship Celestial Empire be.
longing TO the delendunts He says he was discharged
without fault. Tho defendants aegc tnat ho was
incompetent and set up counter claim OF S26oo
Tho trial the case was commenced yesterday, before
Judge Seagwick, IN the Superior Court.
In 1872 Robert Wright sued the city tor So 725 g.
the Police and Fire DEPARTMENTS rhc claim was sub
mted TO the Board OF Audit ana audited at 49, t56 2
This amount WINS admitted 10 be due by tho answer
and the plaintiff thcrcupon entered IA judgment tor
that sum- with COSTS and was paid in December, 1872
ana the case was tried yesterday before
Judge Potter, holding supreme Court, Circuit aud ro.
suited In dismissal OF the complaint.
The case of Henry Schmidt, tue German carpent er,
WIFE, daughter aud mother-ln-law by putting arsenic
In their coffee, yesterday set down Tor trial on
next Monday before Recorder HacketI. Mark Smai-
ley pleaded guilty TO forgery anu the Recorder
him State Prison Tor two years SIX months.
Michael McKenna Tor burglary was cent to State Prl-
son tor seven years, aud John PluDkett, Tor ike
offence, received sentence OF Tour years Richard
Stelges who stole horse. and John Connolly, who
pleaded guilty oil burglary, were each gwen the same
sentence
The suit brought by J. j. Townsend against tho city
to test the OF tue laws estaoshn NJ
"a an meuL he
legality OF the taxation evicd 10 meet Its appropra-
lions was on the calendar Yesterday Van
ney stated that no was ready to proceed 10 tra On
behalf OF The plaintiff II was stated that Mr. Townsend
WAS Albany and desired The case to passed Tor
the DAY. Mr.. Whitney thon suggested that 1t be held
Ill next week. Oy which time he hoped argue win
the plaintiff as 10 admitting any facts which might
be necessary to prove, leaving the legal questions
vvlved In the case 10 be then argued
s .ssrSav ~ he Euwusen 0e0ao 'uaso
made TO coEhrm the report Of the CON missioncrs
IN partition, Samuel kikef, Isaac H.. Brown aud
Thomas +. Jeremiah, who had been selected by.Lho
parties aud appointed by the Court TO DIVIDE the real
and properly OF the late Frederick Roiiwagen
The commissioners had performed their dutIes
and given the anu heirs each uno-tourth OF the
property, but the seven grandchildren OF the de-
ceased namci Browning claimed that their portion
was unequal 10 any of tho others, upon SIX ai.
davis OF tax assessors apd real estate agents Mr..
Mxcom Cam pbeI moved 10 send lhs re port buck 10
the Commissioners Tor equalization. Thls Was ops
posed ny Aessrs. Henry l. Clinton. George H. Lord,
J. e., julius Langocin Tor the plaintiff and couu.
sci Tor the other heirs and tho widow, and after a
lengthy argument tue Court look the papers, reserv-
lug It's decision.
before Judge Robinson thoro was concluded yester.
day the iriaI vi suit brought by Mrs. slury e. Jobs
against john II. Parsons. The plaintiff brought an
action against tho New York and Harlem Raroad
Company, ner counsel thon oeing ex-J Judge Dorsey.
Alter tho had fingered Tor several years dc.
fendant was substituted as counsel and prosecu led
SUIT 10 final judgment In the Court Of APP
peals giving Mrs. Jobs 50, 103 damages, including
interest aud costs. Inc defendant CLAIMED to be
employed under tho agreement made with the
original counsc when stipulated that he should
cevo one-half The amount recovered Tho original
agreement TO this effect tho strong point OF the
defence. The testimony showed that the defendant
offered S., 500 which WAS Not accepted, Mrs. JOBS
being unwilling 10 pay over $500. Tho jury found
verdict for So 900 Tor the plaint Mr.. OVID Dupre
appeared Tor tho plantn, and Mr.. j +. Sauxay ior
the defendant
DECISIONS