The New York herald., 1878-03-12
THE COURTS.
New Moves on the Matrimo.
nial Chess Board.
BROKERS' COMMISSIONS.
Important Decision Touching Preferred Causes
Under the New Code.

Some rather singular counter allegations as wo as
curious statements. which thus lar stand uncontra-
dcted, wero MADE IN aldavits read yesterday before
Judge Lawrence In Supreme Court, Chambers, on q
motion to set aside the decree Of divorce granted In
the suit Of John Callahan against his wife, Lizzie J.
Callahan. Mr.. Callahan married 10 his
wife IN 1870 aud the suit upon which the
decree was granted in November last was brought In
ASIA ON charge OF adultery, Mrs. Callahan being ac-
cused OF improper relations with Charles Ames,
iormer clerk OF her husband. The motion yesterday
was made on tho ground that the summons was never
served ON Mrs. Callahan. Among the anidavits read
by Mr.. Leopold waIlack, counsel for Mrs. Callahan,
was one by herself, denying any such service, and
another by brother-in-aw, stating that he called
upon the person claiming 10 serve the paper together
with hls wie and sister. and that such party iaed 10
tdentiIy MISS Callahan ~ the one served with the
paper. Mr.. Miles Beach, IN opposition, who appeared
for Mr.. Callahan read affidavit OF his clerk, James
Y. Grand. stating most positively that he did make
tho SERVICE ana accounting tor his failure 10 recog
nize Mrs. Callahan brought the oico because
she then dressed Tor the street, whereas when
nna entirely saseny dressed Adavs were also
read setting forth that Mrs. Callahan shorty
Aitcr service admitted to others such service,
with the further statement that sho tore up
tne paper. Utah divorce was also introduced,
oba,ned by Mrs Callahan, in the procurement
point raised was thai ths present application beng
made such long interval after the service OF the
paper would be hardly reasonable 10 suppose that
Mrs. Callahan could possibly that the day IN
question she only home half un hour in tbs
Ing aud Tor period Of 1.-Two minutes later IN tho day.
The legal points involved discussed at consider
able length. Mr.. WaiiAck asked time 10 submit further
aftiuavits winch was grantoI.
In the suit Tor divorce brought by Henry Lewis Saul
Agalnst Sophia Saul, the facts oil winch have been
published, motion was made yesterday before Judge
Lawrence ia supreme Court, Chambers, 70 compel
the plaintn 10 pay alimony and counsel ice. Alter
hearing Colonel Spencer and Mr. Peter Mitchell, the
respective counsel, Judge Lawrence took papers,
rescrvIng MS aeclsion
In inc suit OF S.ono VS.. Hall decision was rendered
by Judge Lawrence confirming the report Of ref
ciee and directing judgment in iavor Of tho PLAIN
tn, thu lbe alleged marriage between the plaintiff
anu defendant was nun and void.
judgment OF divorce yesterday granted by
Judge Lawrence IN the Men ell divorce suit. The de-
cree oil divorce grants tho custody OF the child
plaintiK
In the Ingerso divorce suit Judge Lawrence yester-
day granted permission TO the plaintiff for the suDst
tuition Of counsel upon tho OF S76 to her for
In the Mas.erson divorce suit motion on behalf
Of tho husband, 10 have $3.50, which tho wife, It is
alleged, TOOK win hor when deserting home, de-
ducted from tho $40 week alimony aud $500 counsel
Zee ordered Tor the vile, pending trial, denied by
tho Court
MRS. ANDREW j. GARVEY'S ESTATE.
On the 10th OF December, 1871, Simon Wormser en-
poyed Patrick and Thomas FoA as real estate brok-
ers TO negotiate for the sale of real estate IN the
Nineteenth ward which was at the time owned by
Isabella Garvey, wife OF Andrew J. Garvey. The
agreement was to sell tho property lsdor Wormser
simon Wormser acting as attorney for the purchaser
Isdors name, stated, be inserted In the deed
IN tho place OF Simon. When the time to deliver
the deed arrived thero some misunderstanding
ana the decd was not executed. The NINA tion
o! tne purchase was thus adjourned; but the
OF the Rdiournment the state OF affairs still
nsted anu Wormser still refused complete his con-
tract suit Was accordingly brought ny the brokers
against Wormser to recover 81, 900 commission. Tho
sfiai was commenced yesterday betore Judge Sedg-
wick 10 the Supreme Court. The defsndant claims
that tho contract was not properly SGT forth
az the complSinL and that although $1,000 was
agreed to be paid commissions, yet sucn pay ment
depended upon the assurances on the part oi Mrs
GArvoy as to title, that the
factory, and the defendant has suod hcr
pei Q specific performances. 1t was further claimed
fendant should satisfied with the title tho doond
ant should not be held liable The trial will probably
occupy day or Two.
PREFERENCES UNDER THE CODE.
In the case OF the Philadelphia Steamship Dock Com
pany against the Lorillard Steamship Company which
is suit brought TO recover rent due under a lease
motion was made behalf OF plaintiff 10 advance tho
cause on the calendar us preferred case under the
Now Code OF Civil Procedure A decision which is Of
interest 10 the legal profession. as gives consruc.
tion OF that section OF The Code givon yesterday
by Judge Van Worst. He says that ho does
mot regard tho instrument upon which this action Is
brought, beng oase OF certain wharf property Tor
ior the absolute payment money within the moan
lug oi subdivision s, section 79l OF tho Code OF Civil
Pioccdurc 30 AZ " ontto tho action TO preference
on he calendar. Tho actions SO to be preferred he
holds, arc FOUNDED upon notes othor ments
huch US bOhus, providing Tor the payment OF money
exclusively, that lease rs no moro such obya-
iioh tlAu IL contract Tor tho uevary oil
Or "use at price fixed. The motion IS, therefore
de.icn Mr. Eugene smith appeared tor The motion
and Mr. Horace Barnard opposed
SAVINGS BANKS NO GOOD.
Before Judge Donohue, holding Supreme Court
Circuit. thcro was triod vestcrdav ami, broucht hv