The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-29
DECISIONS.
SUPREME couRr-cHAMBERs.

BY Judge Donohus.
Schenck vs. Willis-Granted.
Pratt VS.. Ross-Motion granted.
Langbein Rollwagen.-Order should stand.
Tyler vs.. Hoyt-lt seems 10 me mat the motion is
made tor delay. Tho motion will be granted, but
without any stay, the to 60 tho short cal
endar Tor Friday.
Ritch vs.. Schesi0geE-Granted
Graham VS. Noisson. Explanation desired.
Cuppia vs. Zarete.-Mo ton for leave to serve
am ended answer granted $40 costs to the plaintiff
to abide the event. and leave to retain It's place on tho
calendar
made after argument by counsel and upon full
animation OF the iacts and by tho Court
To ask that nodded altered after the lapse OF
nearly two years from date OF It's entry
reasonable Motion TO resette order denied, without
costs.
RYAN Vs. Baxer.-Motion denied without costs ana
with leave to renow See memorandum.
De Lavellctte VS.. Wendt.-lf the, justice before
whom THIS cause Is tried q second time doems the
plaintiff entitled to COSTS IN case she should
ho Will say SO. sec reason Tor granting the mod
Clement Hastic.-Ir there arr irregularities or
defects IN the the objection thereto must DO
made motion. The examination should proceed.
Bonita VS.. Cheney ct al.-rho anidavlt of Mr.. Hast
ings purporting TO DO verified October 81 is not
sworn TO-
SUPREME OURT-CIRCUIT-PART z
BY Judge Van Worst
FELTON, VS. Parke.-holion Tor extra allowance de-
SUPREME CoURT-sPECIAL TERM.
Bates VS. Springgate.-rho order presented by the
PLAINTIFFS attorney Is correct and is 10 accordance
with the decision. II Is therefore signed.
Levy VS. Willis ct aL-The demurrer 70 the COM
plant the ground that the complaint does
state acs sufficient to constitute cause OF action
must stained The fair construction of the CON-
plant Is that the painn IS In the possession tho
premises referred to in the complaint ana that the
threatens TO Interfere with possession
Such interference, oven IL the plaintiffs allegations
are true, would DO only Tres pass, to Restrain which
an injunction cannot DO issued. Nor do regard The
urOCe n set
forth in the compliant as constituting cloud upon
the pIann,s title II those re void for
tho reason that the Court haa Tor
tho thai no notice had been given to the plain
TIT, no can In auy action which may be brought 10
disturb his possession under his lease, insist
that such proceedings arc VOID, and require the
defendant Wills or those claiming under him
tho defendant upon the demurrer with leave 10 tho
plaintiff 10 amend his complaint within twenty days
on pay ment OF COSTS
SUPERIOR CoURT-sPEcIAL TERM.
BY Judge Sper.
BONNER VS.. American SPIRAL Spring. Butt and
Hinge Manufacturing Company.-Motion to stay pro-
ceedings denied. Let order DC entered MOTION.
Tuthili vs. AcGovern ct aL-Motion TO consolidate
Loaners' Bank VS.. Nostrand ct aL-Lct a receiver
be appointed pursuant 10 above notice; order 10 20
settled on notice.
Dixon vs.. wenberg-Mo,ion granted, with costs
Vohicn VS. Maas.-The ieicndant's motion 10 dis
miss tho complaint must be dcncd. Sec memoran-
dun.
Daily Jr.-l think the petitioner Is omitted Jury
trial. amt II cannot be speedily had papers
III defendants hands should be delivered to the petit.
toner upon his iug security 10 pay full
oil the defendants claim, or 30 mucn thereof shall
be recovered. See memorandum.
SoceIy OF the New YORK Hospital Coe.-Moton
that TINS action be placed upon tho special ca
Tor trial at the February Term, 1873, and that
plaintiff serve the proposed supplemental reply
granted.
Hoyt VS. Thompson.-order settled.
Harrison W.. Newman. Order denying motion TO
substitute In place OF defendant Reilly.
Jaeger Iron works VS.. Walker.-Ordcr granting
paintT extra allowance OF Ave per cent amount
Pagan VS.. Dukes Ordered day CALENDAR for
February
'Kuemmciberg vs. Kucmme Iberg-Order settled
Grosvenor vs.. The Mayor, &c.--Mcmorandum.
Hoffman vs.. New YORK Central and Hudson Railroad
CompanyTne motion 10 nle security Tor cost Is de-
MED.
BY Judge sedgwck
Amy ct al We. Stein CT al same Va samc,--Ordsrs
settled.
MARINE COMPLEMENTARY TERM.
BY CHIEF Justice Aker and Judges McA dam and shea
Gilbert vs.. Collins. Motion granted, unless tho
plantn within ave days, s,ipulae 10 argue The ap.
peal the Febf uary General Term, aud unless she
hc necessary printed papers least eight days
before the day.
Malone VS.. Nevins.- judgment affirmed with costs
Scott VS.. Drennao.--lhe trial Judge erred not
sending tho case to the Jury The issues tried pre-.
sento questions OF TACT winch were peculiarly within
province OF the jury TO decide For this tho
judg menl Will be reversed and new trial ordered,
with costs TO abide the event.
BY judges McAdam. sheridan and SinnotL
Seer VS. Hoffman ct aL--Judgmont reversed, now
trial ordered, Win costs 10 abide tho event Opinion
by Judge hcAdam, nlod-Judgc Sinnott dissenting.
MARINE COUNT SPECIAL TENN.
BY Judge Slnnou.
Manson vs. Hewitt; Siccardi Vs. Leibcrt two 40
tionsJ; Raberg vs. Jacobs; Lawson VS. Foord; Hadden
vs. observation-disclosures granted.
Miles VS.. Tho New YORK Paper Barrel Com pany-
Summons amended as per order
Eestou vs.. Newman.--Ordercd on calendar for first
Monday OF FcUrnary.
Anderson VS. Harris Motion TO dismiss complaint
granted, win costs and costs OF motion.
Winter vs.. Krczier Motion to re-scttle order 80 as
to conform TO decision granted ana order resettiod.
Ilgwes VS.. Post.-Conmission granted.
Water Is. Roehsler. Order Tor the arrest of the
Judgment debtor granted bail $40
Hail vs.. SENIOR - Defendants naton fled.
Sterns vs. ST. John; PM W.. smith; Shiprnan vs.
desirable; Banks Va Chandler; AliDg vs.. Scbabbo-
mar; Smith Adams; thompson vs.. Mccarthy:
Mehrbvth VS.. Post Hurd vs. Frank; Lcrey va Hans:
Hall Frcund granted.