The New York herald., 1878-10-06
THE COURTS.
The Vacation Ended and Opening Of
the New Legal Year.
HEAVY CALENDARS AWAITING DISPOSAL.
Important Suit Against The Gold aud Stock
Telegraph Company.

Al length tho legal VACATION reaCnoo ItS cob0s
will all the courts in full operation.
Most OF tho judges who have been enjoying thcif
annual respite IRON their onerous judicial labors,
fashionable watering places or elsewhere, az
the fancy took tnom. back renewed
health, and will resume their duties the
Bench with probably renewed vlgor and a deter
mination TO bring 10 conclusion the great null
plcity OF suits That have SO long swelled the court
calendars. The trouble il that with the increase of
the city's population and corresponding litigation
there has boon proportionato increase
IN tho judges. IL Is very certain, however.
that = more earnest. conscientious and hard working
corps Of Judges Oiled BENCH and that moth
ing will be left undcne thor part in decreasing the
calendars Meantime tho lawyers. who now number
legion, have likewise had good rest, and will onter
fully panopled with reinvigorated
health and ready by all the known Strategic quirks
OF the Law to take up tho causes OF their clients
with redoubled energy. In an article published In
tho HERALD tho Goth OF last August there was
gwen full resume OF al tho more important cases
awaiting trial Tho list has not been very mate.
rally augmented since
During tho vacation there has been added to
the Supreme Court, Circuit, calendar 372
new cases, making total OF S,522 cases
on the calendar awaiting trial. In the Su-
prome CouTt, UeneIal lcIms tuSEo are ou bns
calendar l2l non.enumerated motions, II preferred
ceses and 234 enumerated motions. In the Special
Term there have been fed 14S now issues OF fact,
and the calendar shows 48 demurrers. There are 230
motions on the Chambers ca,endar. judges DAVIS.
Brady and ingalls, will hold the October General
Term Judge Van Worst the special Term. Judges Bar.
rett ana Dononue. Chambers; Judges Dononue ana
Barrett Part Circuit Judge Lawrence, Part z, CIR
CUT and Judge Van Brunt, Part 2, Circuit
In the Superior Court there are also heavy caL
sndxrs and among The ordinary noted foI
trial several suits tho
elevated railroads 10 determine the much mooIsd
question as TO whether damages or other remedy can
be obtained on account OF the noise constant
rumbling OF trains over those roads Among other
suits Of this character may be mentioned that o.
Bauvelt Tho metropolitan Elevated Railroad.
Most OF tho divorce suits for which this court Ia
noted Will be brought in Spooiai Term on prsmi-
Pernaps ono exception. however, Is the suis
OF Mastsrden vs. Masterden, which will probably be
contest between Inc havemeyera, which has been
pending SO long in this Court and Is already cause
ceore, will DO renewed with great vgor either IN the
present November torm- rho interests involved
In the peculiar nature Of the contest
well known that oven bret repetition OF the facts
is unnecessary. As 10 the Court Of Common Peas,
there Will General Term OF the superior Court
until November. Judge Freedman has been as
signed 10 hold Special Term Judges Speir. Curtis
and Sedgwick Will hold Trial Terms, Parts l,
aud respectively, Judge Sedgwick having taksn
tne place Of Judge Sanford, who Tor come rmo past
In the Court OF Common Pleas, as In tho various
other state courts, there IS evidence OF moro than
usually busy torn. The several calendars present
array OF ltgated cases that 10 almost appalling. The
varied iorms OF litigation are frequently illustrated,
and a perusal OF the calendars viii show numerous
suits pending tor aud against tho city and actions
voviDg the equitable distribution OF large estates aud
apparently interminable list OF mortgage tore
closures and divorce SUITS The different judges Of
TINS court alter The long vacation, come back 10 their
several posts eshcscd up and ready Tor tho ardaous
hold Cham mbers and special Torn, whte the Equity
Term will be presdsd over by uage +. DAILY There
will be no General Term until November, but during
the month Of October Two Triai Terms will be
SION, presded over rospsctivsIy by Chief Justice
DAILY aad Judge Larrsmorc. Among The impor.
tant 10 bo irisd during the present the
Kinney divorce suiS which will be tried before Judge
Kncxerbocker aud Consumers' Ice companies, it 10
expected will occupy the attention Of tho different
In the United States courts there are also heavy
caiendsrs, including many important cases, AN opt
tome OF which mas already been published In the
HERALD. Judge Choate will hold the District Court
this month, and dispose also Of cases In bankruptcy
proceedings
There viii be three TRIAL Terms OF the Marine Coan
this mouth, held respectively BY judges sinnos,,
SneridaG ana Alker. In this Court the calendars srs
rho October Term OF Parts l and OF the Court OF
General Sessions will commence tomorrow A great
amount OF business was disposed OF last month, the
cells OF the Tombs having been pretty well cleared OF
prisoners awaiting trial On the caends tomorrow
VIII be the usual character OF cases A new Grand
Jury will be sworn IN, and doubtless important
matters will DO submitted TO them for vestgatlon.
Recorder Hackeu will preside In Part and Judge
Gidcrseeve IN Part 2.
The Court OF Oyer and Terminer will also con-
vens to. morrow, but VIII probably adjourn without
doing ap v business.
surrogate Gavin has a multiplicity Of important
will awaiting his disposal, and nftcr hnishing
the hearing In the contest over tho late
Vandcrbips Will, Will scarcely hnd his la0ors much
lightened
GOLD AND STOCK TELEGRAPH co.
suit was CONNIE need In the Supreme Court o.
Friday last against the Gold ana Stock Telegraph
Company, by samuel G. Courtney, a attorney ioi
n. r. NJ sht. ~st~
$780, 900 damages sustained by the plain.
tits In tho alleged destruction Of their business
From tho complaint nled In tho case It appears
that the nrm oil Friedman Co., carrying on bust
ness undor sgement OF Colonel Max Friedman,
rented OF the Gold and Stock Telegraph Company
several Of their indicators TO bo used In thor bus
brokers and dealers In stocks. Their plan OF
conducting business was similar TO that 0 tho stock
Exchange, only smaller scale aud the deposit
OF smaller margins. and the past lew months their
Offices at No. IL Broad street have been flied. nW
said 10 overnowiDg from day to day with eager Gus
toners investing the purchase and sale OF stocks
and other securities, greatly TO tho profit ana advau-
tage OF the firm. AS matter OF course the indics.
tors were OF vital Importance thom their busL
ncss, as without them tho rapid rso aud TAIL OF the
MARKET could not DO asccrtained ON the morning OF
scp,smbsr 90 last. before the com mencemens OF
tho business Of the day, aud whiic tho piao.
tius' place Of business Was 10 charge only
entered aud without notice TO the paintins, aud un-
peknown them, is alleged, vioisntly and iorcibiy
lhe prcmiscs thus, plaintiffs claim, practically
destroying and entirely breaking up their large and
profitable business and compelling them TO discon.
tnus aud give up anu their customers to 20
sIsew here. Mr. Friedman, on arriving at the ofhce
discovered what had occurred and, accom- panied by
ms counsel, Mr. Courtney went TO tue ofice Of the
defendants and demanded the return OF the indi-
Gators takcn By thom, which was refused. Plaintns
claim to have sustained damage IRON the removal
Of tho above indicators TO the amount OF 500 900,
and hence the present suit There mas long been .
rivalry bet ween tho stock Exchange and the smaller
Dealers like the painiins, and many SUITS have been
brought In consequence, and threats have been mado
by The God and stock Telegraph Company that they
would remove and disconnect the Indicators used In
the smaller exchanges but this 10 SAID To DO the nrst
the company has resortcd To sucn severe meas.
urcs to prevent tno OF the indicators
The complaint charges that The defendants, without
authority OF Law, and not acting under process
order OF tho Court. forciby removed the indicators
WINE Ia tho piaihtins possession under contract o.
hiring not yes expired.
SUMMARY OF LAW CASES
Judge Choats. OF the United States District Court