New-York tribune., 1878-11-26
CIVIL NOTES.

The Merrill will case came yesterday before
Judge Lawrence in Supreme Court, Chambers, on mo-
ton of the to compel George Merrill the COM
planan in the Supreme Court proceedings 10 give Sc
Eurity for costs The motion was granted
Judge Pratt, in the Supreme Court, Brook
yn, yesterday reserved his decision on motion for
writ of mandamus to compel the County Treasurer to
pay Andrew Zeser $3.50 salary for October as Commits
SOner Of Charities in the lid District
James Smith, known as Broker Dick"
convicted October g. in the Court OF General Sessions
Of circulating $40 notes of the Consolidated Bank of
Canada Montreal. with forged signature OF the Presi
dent sentenced yesterday to two years In the pen
tentiary.
The suit of COrnelia NJ. Stewart against
Breslin Purcell Co.. the former lessees of the Metro
potan Hotel for $52 900 for rent and for nearly
100000 for damages to and losses Of furniture leased
with the hotel was referred yesterday by Judge Larre
remOre in Common Pleas, Special Term.
A number of persons indicted for violation
OF Excise law brought yesterday before Judge
Sutherland in the Court of General Sessions. The fol-
lowing pleaded guilty and fined Charles Sanders
of No. 81 Coentiessllp $50; julius Kober OF No 127
Prnce-st 500 John W. Shute OF No Mercer-st $50;
and Henry Bicke, Of No. 40 Greenwlchst., $5.
Peter Armstrong was indicted on a charge
that he and another criminal got Timothy DriscO
into an alley leading from Thompsonst, November
Is, and there stripped him to his InderclOthes. Arm
strong pleaded guilty yesterday, before Judge Glider
sleeve in the Court Of Oyer and Termner TO an attempt
at robbery and received five years in State Prison at
hard labor.
Judge Van Brunt was unable to hold the
Special Term Of the Supreme Court, owing to ulcer
ated throat, which is likely TO keep him at home
until after Thanksgiving. Judge DOnohue called
10 adjourn the Court but that all he could do he
had heavy though not very important TO try in
Circuit, Part Ill AT the noon recess Judge DOnOhue
himself compelled 10 give up under attack Of sick
headache.
A libel against the bark Kate Cam, of Var
mouth, Nova Scotia, flied in Brooklyn yesterday in
the action begun against the vessels by John
Garrity of No. 81 sullivan-st, Brooklyn for $4,000
damages for injuries received from quantity OF lumber
which had been piled up against the side OF the vessel
falling upon him. Garrity partly parayZed and IL is
feared that he will not recover
A judgment for $131 SO was entered yes
terday in the Supreme Court against Fanny Davenport
In favor OF stephen Fiske The claIm which amounted
at first TO over $780, for services agent to Miss
Davenport, the items ranging from % cents to $50.
Miss Davenport resisted charge for 700 circulars and
other small items, and the plaintiff agreed 10 accept
judgment at her estimate $111 81. The rest OF the
Judgment ts for costs.
The trial of the suit of Patrick McKenna,
for S5 OOO for the killing OF his by locomotive of
the SewYork Central and Hudson River Railroad Com
pany begun yesterday before Judge ]. F. DAILY.
Common Pleas, Trial Term. The boy, Michael MeKenna,
riding up to Manhattanville, and thrown ofor
as the defendant claims. TELL OF the car and falling
across the other track. run over and instantly
killed by down train The defence claimed that owing
20 the engineer could not have the boy in
time to stop the locomotive. The case is still on.