The New York herald., 1878-01-12
DECISIONS.
SUPREME COURT-CHAMBEna


Nelson VS.. Thring.-Order settled
peil VS.. Tappan-It is scarcely credible tha~the re-
oeyer upon tho facts Of this case As presented by
these papers should in good faith expect to succeed
In recovering after the date OF the original re-
ceycrshp and the closing out oil the property OF the
assoc,ation But further he has no assets with which
10 pay II unsuccessful and he Gomez directly within
the second SUBDIVISION oil new rule SO under the old
Code and rules ho would, under the circumstances
here disclosed and especially iu view OF the cases,
Bos, 6S4 aud II Abb 44S, be required 10 give So
curty COSTS The motion must DC granted Win $l0
By Judge Donohue.
the matter tho petition of the Rector, &c, OF
St Lukc's Church; the matter OF Loper;
IN the matter OF Southnayd; IN the matter OF Skid.
moro; in the matter Of the application OF the Trus-
tees OF the Montefore Benevolent tSocety.-Granted.
In the matter OF Hanmann; In the matter Of Honer-
man.-Motion denied
In the matter or Binne.-See order.
In the matter OF Butler, &c.-Motion denied; msm-
orandum
SUPREME CoUET-CIRCUIT-PART l.
BY Judge Donohue.
Devlin Vs. Van Mort See MEMORANDUM.
SUPREME CoURr-GENERAL TERM.
by Judges Davis. Brady and Daniels
In tho matter OF The Trustees OF the New York and
Brooklyn Bridge to acquire little, &c-Order reversed,
with $40 costs and disbursements and urtner hear.
Iyddy VS.. Mcvean-Judement reversed, trial
ordered costs abide Opinion by udge DAVIS.
Foley We. Rathbonc.-Order affirmed, with $40
costs and disbursements; appeal dismissed, with $lO
Gray and others vs., Green and othsrs-Judgmcnt
modified directed In opinion. Opihion by Judge
Daniois.
Opinion by Judge Daniels
Conner VS.. Weber; Craig VS. W Webcr.-Order affirmed,
with costs. Opinion by Judge Davis.
Kandell VS.. Won EerL-Order reversed; order
tered requiring referee TO comply with the direction
gwen ON the subject. Opinion ny Judge Daniels.
Guidet VS.. The Mayor, &c-Judgment reversed,
trial ordered, costs TO abide event. Opinion by
Judge Davis.
Stout vs.. RideL-Order affirmed, without costs
Opinion by Judge Daniels.
IudU Unon Mt firm afeqpd do.
ductng thererom $780, with interest from date OF
counting entry OF Judgment without costs Of appeal
TO either party. Opinion by Judge Davis.
Tho People, &C., vs. Columbia Car spring Company
Order reversed without prejudice to renewal OF The
motion by the receiver alter or upon hng his ac-
count OPINION by Judge DaviA
RIGGS and another VS.. Grosz and another-Order
reversed, with $40 costs and Disbursements order
tered denying DEFENDANTS motion. Opinion BY Judge
Daniels Judge Brady taking no part
The People OK rcL Smith VS. Hssbrouck, &c.-Ordsr
affirmed, with $40 costa. Opinion by Judge Brady.
Newman VS.. Dickson ct aL-Order reversed; Order
entered as directed in opnion.-Opinion by Judge
Brady.
LavaIlette w. wendt.-Motion for rcargumcnt de.
MED.
The Mayor &C.. vs. tho Broadway and Seventh
| Avenue Railroad Company.-Moson granted. Op,nion
| by Judge Davis.
SUPERIOR coURT-sPECIAL TERM.
BY Judge Speir.
Schmidt VS.. Hetnor.-Receiver's bond approved
bommer Va The American Spiral spring, Butt and
| Hinge Manufacturing gCompany.-Decree settled.
| HoIlenbuck VS. RAND ct aL-Order settled
Johnston vs. Hart.-0rdcr denying motion.
Mauger vs.. Dick.-Order granting motion 10 amcnd
complaint, nc.
| schmidt vs. Hetncr.- Ordor appointing T. Darling.
! ton receiver &c.
| The Gern,an,a Bank vs. Frost; Schafor va. Tho
Germana Bank; Jessup ct al vs. Bangs ct al. Hyett
| VS.. Rankin; Cranitch Miller ct AL; Bulgcr vs.
O'Rellly; G0odwin vs. simmons; Knowles VS.. Brand
| rcth; Shepard VS.. Ney; BONNER VS.. The Spiral
| Spring, BUT, Hinge, &c, Manufacturing Company
| Orders granted.
COMMON PLEAs-CHAMBERs.
BY Judge }. +. DAILY.
| McChcsney VS.. O'Co onnOr-Ncw orders required.
The Bank Tor savings vs. Runker Of Al /; Same va
| Same. Attach notice 0t reference.
| by Judge Won Hoesen.
| Eagan vs. Moore ct al.-Moton to open default
granted on terms. see memorandum.
| Schoheld vs.. Pcltz Order settled and signed.
| Mcdonnell Vs. The Police Commissioners.-Applic
| tion Tor mandamus dcnied. Sec opinion.
Leicht VS.. Lccht.--Findings signed.
Shum VS.. Babbitt Orders settled In both actions.
by Judge Robinson.
Meyer vs.. Il,g.-Compaint dismissed upon tn 0
merits us TO the deicudant IIng. SEQ opinion.
MARINE CoUIT-sPECIAL TERM.
BY Judge Sheridan.
Burdick vs. BanKeL--Motion denied
Young VS.. Cohcn.-Moton denied, without costa
LAWSON VS.. Fairchild.-Sherifrs taxed.
Donovan vs. Walkcr.-Oruer vacated.
The North Bcevlile Quarry Company vs. Morgan /;
Arnous vs.. McOaDe.-Orders OF publication granted.
Meyers VA Robinson M otion Tor receiver gran tod
granted Tor January 10, 1873
Ward vs. Byrne. Motion granted; cause restored.
bernstein vs.. Nichols.-Motion TO vacate order OF
| arrest granted; no costs.
BY Judge Shco.
Gerard w. Bonner-A plea of discharge in bank.
ruptcy having boon set up as deIencc the plaintiff
liberty and hDs leave gwen TO discontinue
action without costs 20 either party against the
other.
smith vs. Aubry.-The damages in this action can
assessed by ajury az Par ON any morning during