The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-22
DECISIONS.
SUPREME coURT-oHAMBERs
By Judge Lawrence.


Muller Vs. struppmann; smith vs. Smith; IN the
matter OF Armstrong; IN the matter oil Russell |;
Counsellor w. Orel; In tho matter OF Suydam; Con-
ley vs. tho Hudson Coal Company.-Grautcd.
Nicos VS.. Jackson; Rupert VS. Rabensten; wot-
ton Clark; Crosby vs. Carlcy CopIey vs.. Hudson
Coal Compary.-Order granted.
Oa,man vs. SmIth; Fisk aud Othors Fisk aud
others.-Moton granted.
Ayers Torrey.-Has not receiver already been
appointed In another proceodingY
Fox vs. Wiiains--ln this case dosire to know ut
once whether the plaintiff Is citizen or resilient OF
tho United States, and also whether tho vessel ~ a
foreign or an American vessel
Guidet We. The Mayor, &c-I am Of the opinion that
the defendant should be allowed 10 upon pay
oil all the taxable costs III the action up tho
time, exclusive oil The COSTS oil appeal anu
roIeroe's lees.
Kellogg vs. Baptist Union.--The m otion to override
the demurrer and Tor judgment on the ground OF It's
frvoIousness must DO dened, with costs. Sec Stone
w. Wood, Conn. 453.
Hazard vs. Hazard.-Under these circumstances
there must DO u reference to ASCERTAIN and report
what amount should BIZ allowed " tho plaintiff Tor
alimony and counsel lee Referred to Mr.. John G.
Lam berson, rctoree TO proceed in two days and to
be continued from day " day, unless The Ia
his discretion shall adjourn the SEQ memoran-
DUN.
Center We. Fairman.--lhe motion TO change the
place OF trial to Chcmung county must therefore DO
granted, with costs SEQ memorandum.
SchermcrhorD vs. Crawford The motion to change
the place OF trial to Cattaraugus county s Denied but
the plaintiff must give tho stipulation as 70 The docu
mentsry evidence which Is tendersd In his afhdxvits
$40 COSTS " plaintiff
Butler and another Va bradley -hotion for reargu-
,mcnt denied.
Gan w. Marvin.-Tho ordor for extension will be
modified by providing that tho plantn have leave to
notice Tor appeal and tho Issue 10 date oil to-day.
SUPREME COURT -cfRCuIr-PART /.
BY Judge Donohue.
TODD VS.. Burns.-SettIed. See ndments.
McKegney vs.. Dillon.Sottled. Sec case and am cad.
monts.
SUPREME COURT CIRCUIT-PART 3.
BY Judge Van Bruut.
Brown Scho0n III aker-Casc settled.
SUPREME couIr SPECIAL TERM.
BY Judge Van Brunt
Holt w. Bruggainanb ana others; Smith, &c. w.
O'Brien ana others; Holman FIRE Insurance Company
VS.. Decker anu others two Findings signed
Etngrants' Industrial savings Bank VS.. Murphy
ana Others; Looms vs.. Taylor OF ai.-Fiudings ana
decree signed.
SUPERIOR CoURT-sPECIAL TERM.
BY Judge Freedman.
LANCE vs. Gehe ct al mo IL Fisher VS.. Tango
No. q the sworn allegation OF tho AFFIDAVIT vi
I'D ward Markincby that he Is not the attorney of
record In this proceeding Tor either Gche Fisher
stands refutcd by the adniss ions Of hereto
tore given by him. Tho service al the notlco vi tho
nng OF The recree's report upon him ID established
by the affidavit Of john Foy. Tho testi.
mony OF the latter cannot DO dsregarded be.
cause IL ~ not only toll and ms tan ;Iai and
convincing In itseli but also because u alse could
have been contradiced IN several Important particu.
lars but wnIcu has been done. Tho order con.
hr,nng the report was therefore regularly entered
nevert leave to lie exceptions might DO granted
~ lnvor II proper grounds appeared upon looking
over the whole Proceeding, including the Testimony
taken before tho referee. | am satisfied, however
that the motion IL not made IN good hath Mot,on
denied
Barthei vs.. Eliss ct ai.-Ordcr wiIhdrAwing appeal
ana oaso0nsaAainS psooeedknGh