The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-16
SUMMARY OF LAW CASES.

In the SUIT for divorce brought by Henry Louis
Saul against Sophia SAUL Judge Lawrence yesterday
directed u reference 10 Nj. Charles Price.
The Columbia Opera House having been adjudged
by Police Juslioo Duffy disordeily house aud Mr.
Jacob Berry, the proprietor, having been committed
Tor trial. the latter through Mr.. Joseph S,iner h,s
counsel, obtained yesterday from Judge Lawrence
writ of certiorari for reviewa OF the The writ
was made rcturnable At the Court OF Oyer anu
Termincr.
Mr. William r. Howe applied In Supreme Court
Chambers, yesterday Tor writ Of mandamus against
Judge Sutherland In tho OF Richard Logan. con-
victed OF larceny from Tho person II Is alleged that
Judge Sutherland refused TO sign bill of EXCEPTIONS
In case, and hence the application Tor mandamus
Judge Dinkel, OF the Ninth Civil Distrct Court,
alleged by Albert Plowsker, refused to allow HIM
bring a SUIT In HIS court as u poor person. Mr.
Plowskcr applied to Judge Lawrence tor mandamus
In tho case, but il was yesterday refused. Judge
Lawrence that tho matter discretionary with
In Inc matter of Martina A. Coll, who obtained
writ OF habeus corpus Monday last through her
COUNSEL, Messrs. McGill ana Martzon, from Judge
Douohuc, 70 obtain tho custody Of her two children,
detained BY their father, kostine .. Coll, and his
Lousekeeper, Maggie Leavy, aud when was referred
| 20 herbert X Ciuikshank, the examination came 10
yesterday by The father giving the youngest
child lile GIRL aged three years. and OBTAINING tho
elder about years old II was arranged. how
over that both parties visit The children once
week rho iather was represented by Max stoinerL
The suit brought ny Henry Cotton against T. r.
Simmons, growing out OF dispute Us to the lottery
franchises IN which they claimed Joint interest, and
pending which suit John Morrissey was appointed
receiver. camo up for argument yesterday in the su
premc Court, General Tcrm the present dispute,
however IL entirely foreign TO the OF the oriR
nal action, being contest over payment OF tho rel.
erees and stcnosrapner's lees The Court took tho
papers
actor been guilty Of contempt OF court In his al
lexod tearing up OF subpoena directing him to appear
Tor examination IN supplementary proceedings. as
already reported in tue HERALD Is TO be determined
No, Ldutn I'm hnUin
to-day been appointed by Judge Lawrence a referee
10 Investigate the facts.
Mr. Frederic BOVINE who died in June last, loft wife,
son ana sIepdaughter ana an estate yielding about
$40 600 annual income. Mrs. BOVINE petitioned the
Item for her son Frederic Bovine, fifteen years, aud
apportiOnment oil income tor his maintenance and
education. Mr.. John Lindicy was appointed such
guar iian, and Mr. George Putnam named us referee
TO Ilx upon the amount proper tor young Bowne's
support. MIR. Putnam reported In favor Of $4,000
nnual allowance. Judge Lawrenco yesterday do
cidcd that 81 0UO IN his ul'inion ample but ex
presses TO henI counsel TURNER IN the matter
Six years ago Mr.. Wylis blackstone was appointed
receiver OF tho North American Fire Insurance Com
pany. He says that IN this time no has received aud
paid out over 5000 COO and that now no has on hand
So, 49, 49, winch 500 should be paid to ~
several hundred stockholders He says he haa writ
all whose names he has been able to ascertain
no record Of the names having ever come into his
possession, but gets responses. Ho asks TO nave
hts accounts passed upon una DO discharged from
further dutIcs Judge Lawronco nus his application
under consideration.
Some tImo since motion was made before Judge
Sanford, In the Superior Court Oh pcha Oh inc PAIN
tins in The SUIT brought by McGowan, receiver
against Newman, to compel purchaser nj an auction
sne OIL foreclosure to accept tho rel
erecs decd and complete his purchase. The purchaser
objected tho ground that such dccd did not convey
gooc title, Tor the reason that tho referee, TO wnon.
upon application Tor judgment ny default, II was re
fcrred " compute the amount due 70 the planuns
upon tho bond and mortgage set iorth IN tho COM
plant iaed TO take the oath prcscribed by tho Code
OF CIVIL Procedure. Judge Sanford Yesterday, IN an
exhaustive opinion, granted tho motion.
Margarit;a Ortung ana Eugene Ortung, as stated,
nI lang ma nun NOR
married. lie evidently has not been worry happy one
Tor already Margartta claims to have discovered sew
cral acts oil uniauness ON tn0 part oil her husband
anu brought SUIT against HIM Tor DIVORCE Tho
case came before Judge Larremorc IN the Court Of
Common Pleas, yesterday, on u MOTION made NY The
WHO Tor aimouy ana counsel Ice. Mrs. Ortuns says
she has family OF seven small children aud Is totally
unable 10 support either them or hersclL She says
ur.ncr that Mr. Ortung Is IN the receipt OF weekly
salary vi $40 and Is well able 10 provide Tor her. Mr..
Ortung denies this allegation and says no mas not
enough to get along with himself Judge larremorc
ordered reference ~ Investigate tho facts. Mr.
Charles Spiro appeared Tor the plaintiff and Mr. Joseph
ii. Stiper Tor the defendant.
Albert Stopp brought suit IN tho Marine Court
against Jonn H. Hoet Co. Tor goods sold and dei.v
cred. The was defended Oh the ground that the
goods represented. The plaintins account
therefor disputed and alter several interviews be-
tween the parties they nnaly scttcd tbcr differences
the ucionuants paying TO tho piaiutf 1925 ana the
plaintiff giving u receipt Tor such sum iu Tor all
demands 10 date. Tho defendants asked tor order
disseminating tho acsion, ana the PLAINTIFFS attorney
opposed tue application upon the ground that bis
costs been paid. He also insisted that II tho
application wcro granted, the order should DO upon
condition That The defendants pay his COSTS Judge
NcAdani gave decision yesterday holding that Tie
defendants ented 10 their molion that they set
tied the disputed claim by pay mont oil the amount
mutually agreed upon. and that this settlement ends
the He holds Tor tn that the attorney
remedy us against the defendants ana that he must
look To his own client Tor his Ices anu expenses