The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-08
DECISIONS.
SUPREME CoURT-CHAMBEas.

Todd VS.. Miller-Order granted.
BY Judge Lawrence
Asher Vs. DISQUALIFICATION
Southland vs.. Walsh. Case appeal ordered 10 be
FLED.
Gano va. McCunn, and Papzebieter vs. WaydelL-
Momorandums for counsel
Dambmann vs. Butterheld.-Motion grantee with
COSTS TO the extent stated IN the memorandum.
BY Judge DAVIS.
Devoe vs. Devoe.-I have read all OF the numerous
papers presented on this motion aud am satisfied
that the plaintf Is IN actual and pressing need
comforts which il is the duty Of her husband
TO furnish. satisfied also that this Trial OF
the cause has been needlessy delayed, and that for
such delay both parties are, TO some extent respon
sibe. Enough on this subject is shown Tor which de-
lendant charseablo to answer tho condition OF the
order giving leave to renew the motion 10 open the
order suspenuing alimony
The defendant dones that his wife aud family In
serts his belief that they are living In "becoming
STYLE" he tails show that he has furnished them
months, ana that they have or even nave haa any
sources Of their Ho does not deny that he Is
Unuer such circumstances think my duty order
him to pay enough Of The aimony ordered to meet
tue pressing necessities OF his wife aud family An
order may DO entered directing the payment Of $3.50
within Ave days alter service Of the order deiend
abide event The plaintiff 10 be al liberty 10 move for
further allowance, condition that she presses the
trlai TO as SPEEDY termination as practicaDie and
that her necessities require SUCH further allowance
SUPREME coURT-sPEcIAL TERM.
BY Judge Barrett
Cornelius ct al. vs.. Chattither ct aL-Findings and
decree signed
Veiller, &C., VS.. Brown, &c-Complant dismissed,
with costs Opinion.
Hand ct al. VS.. The Atlantic National Bank, and
Morgan vs. Francklyn OF ai-See opinions.
SUPERIOR CoURT-sPECIAL TERM.
BY Judge Sedgwick.
Utlnger Stegmulier. -Order settled.
Freeman vs. Falconer. Case and amendments set
Acc vs. Thomas.-I do not think this is a proper
case for reference. Motion denied.
Miller &C., Levy ct aL-Order should be for trial
1>x, furvr - IN a frnnl
Hatch vs. Bowes ct ALL am OF opinion that the
plaintiff would have been entitled to judgment
the action had been against Bowes alone-section
456-and therefore that judgment should not be en-
tered against HIM until the principal Issue between
plaintiff and the city has been determined. Motion
Lorilard vs.. The Philadelphia and New York Steam
| Navigation Company There should be a further bill
| Of particulars The further bill need specify the
details OF the credits IL should give dates, express
its lace. without authorizations of words tho
| OF the persons to whom payments were made
claimed by plaintiff. In case the plaintiff cannot give
any OF these exactly he should state them as far as
possible, and that he Is unable TO give further Details
with the reason OF his inability. Ordcr 10 be settled
] upon notice.
| BY Judge Spcr
Kemer VS.. Smith-Order settled
Hener Welsh--Ordered on day calendar for
January o.
| Kelley, &C., VS.. Dusenbury-Order making judy
ment and order OF tho Supreme Court the judgment
| and order in the above entitled proceeding
The Hebrew Benevolent, &c, Society VS.. The Mayor,
&C. Keyser vs. North; ruthill vs. MCGOWAN; Schultz
vs. Tho Third Avenue Railroad Company; MANIC VS..
Spring Company; Wright vs. higgins, and Kelly vs..
De la vergne ct aL-Orders granted
SUPERIOR CouRr-GENERAL TERM
BY Chief Justice Curtis and Judge Freedman
costs Opinion by Chief Justice Curtis.
By Chie Justice Curtis aud Judges Van Worst and San
OHinger va DE WOLF &c.-Ordsr affirmed, with
costs. Opinion by Judge Van Worst.
By Chief Justice Curtis and judges Van Worst and
Freedman.
Smith Smith.-Order affirmed, without costs and
without prejudice to The deiendants rights to apply
action as she may be entitled to, In order that she
may bring the action to Close Opinion by Judge
BY Chief Justice Curtis and Judge Sanford.
Simmons ct al. W. Kayser.-Order affirmed, with
COSTS but with leave TO defendant to amend the
answer in twenty Jays on pay meat OF costs. Opinion
by Chief Justice Curtis.
Germana Bank VS.. Frost Plaintiffs exceptions
o,erruled. OPINION by Chie Justice Curtis
BY Chief Justice curtis and Judges Sanford and
Freedman.
Churchill We. Bradley. Judgment affirmed, with
costs. Opinion by Judge Sanford
Bennett VS.. Snyder Judgment affirmed, with
| costs, on opinion OF referee.
Rust VS.. Hanselt.-Motion denied, with $40 costs.
OPINION by Judge Freedman.
| Buckley vs.. New York and Harlem Railroad Com
! pany.-Judgment affirmed. with costs Opinion by
Judge Freedman.
| Tying vs. Marsh, and others - Judgment and order
affirmed. with costs. Opinion by Judge Freedman.
| BY Chief Justice Curtis and JUDGES Van Worst and
Clark Va Bnninger.-ordor affirmed. Opinion by
Chief Justice Curtis
| Butler vs.. Ballard.-Order affirmed, with COSTS
| Opinion by judge Freedman.
| Cauze va Conner. and others-Appca from order
dismissed with costs, and respondents motion granted
| with costs. Opinion by Judge Freedman.
| BY Chief Justice Curtis and Judge Freedman.
Pane vs. Noclke.-Order affirmed, with costs
| Opinion by Judge Freedman.
| BY Chicl Justice Curtis and Judge Sanford.
| Murray vs.. inc Mayor, &c.-PlantiGs exceptions
sustained and new trial ordered. with costs 10 aDido
event. OPINION by Judge sanford
Carr VS. the Mayor, &c.-Judgment affirmed, with
costs. Opinion by Judge SANFORD.
By,Judges SANFORD and Freedman.
Rodingas East River Savings Instii uton.-Judg-
ment reversed and new trial ordered, with costs TO
appellant to abide the event. Opinion ny Judge Freed
man.
Adolph vs. Central Park, North and East River
Railroad Company --Judgment and order affirmed
with costs. OPINION by Judge Freedman
| Madison Avenue Baptist Church Baptist Church
in Oliver streo,.-Ordcrs affirmed with $40 COSTS
Opinion by Judge Sanford
COMMON PLEAs-GENEnAL TERM.
BY Chief Justice DAILY and Judges j. f. DAILY and an
Prime and others vs. Koehier. opinion by Chief JUS
tcc Daily; Clark, Sr, vs. Central PARK and North and
East River Railroad Company, opinion by Judge j. f.
DAILY; vaude Willie vs. Callahan, opinion BY Chief
Justice DAILY; Wagner ana others vs.. Jones, opinion
by Judge Van Hocsen; Murphy ct al VS.. GeDin ct al.
| opinion by Judge J. +. DAILY; Dettcss VS.. Hansen,
opinion by Judge Van Hoesen Nichols and others VS.
Marvin, opinion by Chef Justice DAILY; Tooker vs.
Arnoux opinion by Judge Van Hoesen aud Chief
Justice DAILY; Rae vs. Hartcau opinion by Judge j. T.
DAILY; Cushman vs.. mayer Manufacturing Company,
opinion by Chei Justice Daily; Merrill, Jr, We.
Thomas Gu al, opinion by Judge j. +. Daily Downing
Morange, opinion by Judge J. Il. Daily; Wilson vs..
Bieleeldk, opinion by Judge Van Hocsen; sohI vs..
| Menard, opinion by Judge j. Il. DAILY; Winen VS..
| Support, opinion by Chief Justice Day. Howe
| Machine Company vs. Robinson, opinion by Judge J.
+. DAILY; Vice VI. Commercial FIRE Insurance Com
pany, opinion by Cher Justice DAILY Webele VS..
Beckman. opinion by Judge Van Hoesen; Sicgel
| VS. Bonloissen, opinion by Judge j. II. DAILY;
Darling VS.. Boyd, opinion oy Judge J. r.
DAILY; Blum vs.. Davit,, opinion BY Judge
J. 4. DAILY; shipmsn VS.. Dreyiuss, opinion
| by Chef Justice DAILY; Crotty Connor, opinion by
Chief Justice Daily; Hawkes. vs. Masser, opinion Dy
Chiei Justice DAILY; Hanger vs. Bernstein, opinion by
Chief Justice DAILY; Patterson Leperln opinion by
Chief Justice Daily Henderson VS.. Fullerton, opinion
| by Chief Justice DAILY; Carpenter VS.. Ncke rson,
| opinion by CAef Justice Daily lTord VS.. Morton,
opinion by Judge Larremore; Corrigan VS.. Walker,