The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-22
DECISIONS.
SUPREME CoURT--cHAMBERs.
BY Judge Barrett.

Fitzgerald VS.. Smith Wyiie VS. Brewster; Bank of
Savings Lawrence; In the matter OF Dondon and
another; East River Savings Institution VS.. Allen,
Mutual Lie Insurance Company vs. Van Tassel; Ger.
mania Lie Insurance Company Va Manan Aabrskie
Crum DelnheId W Tells; Doscacr va Fromner;
GeDnard VS.. Blake OF aL--Motions granted.
Hewitt vs. kammerer and Othera--J Judgment
granted
Brewster VA McGuire.--Granted, bat the rule is
Otherwise where tho reference Is to sell
In the matter OF tho receivership OF the Warning
Rock Drill Company:--rhere must be tho usual rotor
Referred accordingly to Charles q. Leeds ref.
cree
Craskc VS.. The Christian Union Publishing Com
paiiy. Case and amendments settled.
Buckingham vs.. CowIng.-l think the exceptions
should be overruled and the report confirmed. SEQ
memorandum Tor counsel
Goelc; VS.. McManus OF aL-The otion ust be dc.
nled, without and without prejudice u motion
compel Sigler to complete mis- purchase See mem
The society Of tho New York Hospital VS.. Coo
The judgment for costs and allowance vacated with
costs See memorandum tor COUNSEL
Tho Giobo OH Company Kopor.-Upon full con.
sideraton OF this matter think It would be but fair
give the plaintiff leave to renew. The order OF Oc-
tober %, 1877, may therefore be reseted by addng
thereto these words:"With leave, however, to the
plaintiffs, upon payment OF such costs aud upon
further papers, to renew SAID NOTION but to APP
ply tor temporary injunction prior to the hearing
OF any sucn renewed notion"
The Mayor, &,, VS. Phliips.--Thc order asked for
Is not the removal Of the objectionable features
the building, but OF the entire structure 1t asked,
too without notice TO the party to be affected Al.
though the statute Is silent upon this head, II il
wise not to be construed to repeal tho fundamentals
principle that party should not DO condemned with.
out hearing Tho order rs arbitrary and its scope
seemingly unnecessary.
Wood VS.. Tho Equitable Lilo Assurance Socicty-I
think tue iacls stated should be proved especially
alleged IN the ninth paragraph OF tho complaint. II
seems 10 me also that Sloan should have notice
oil This proceeding. Referred TO Charles y. Macl.can
TO take such proof and. report, with his opinion,
let copy of the summons aud complaint, this order
days notice TO attend before be mailed
forthwith 10 Sloan.
BY Judge Lawrence.
Mcdonald Va Csvanaeh. The statute precludes
greater allowance than I'VE per cent ~ the aggregate
and the allowances have been adjusted accordingly.
See memorandum Tor counsel.
by Judge Brady.
Schciey vs.. Zink settled. Costs granted bccause
motion was adjourned and Two attondanccs required.
The sheldon Hat Blocking Company The Eicke-
indicated by margin notes what l think should be
stricken out OF The complaint WHAT Is not stricken
out is retained. SEQ memorandum Tor counsel
SUPREME COURT CIRCUIr-PARr g.
BY Judge Van Brunt.
The Mayor, &c, vs.. Hart and another Compliant
dismissed, win costs. Opinion.
sUPELME CoUKr-sPECIAL TERM.
BY Judge Lawrence.
The People, NC, OK rel. Miller vs. Smith and
ohcrs-TLe dcmur OF the respondents IL the plea
ol the relat0r Is overruled, with costs.
bates VS.. Springfield do not mink that the de-
murrer to the counter claim alleged attempted TO
be alleged Ia tue nitissubdivison of the answer Gun
be sustained. The allegation might have been more
explicit and the defendant, n doubt az to the mean
lug oil the allegation, might have boon EMIT 10 re-
lei on mOtIOn To make the answer more deisitc nd
certain; but cannot say that the alleged counter
clam, as stated Ia the complaints is bad demurrcr
(,llen W. Patterson, N. Y, 400 The demurrer Is
overrued with costs Win leave to tho plaintiff
ply within twenty day..
Haug vs. Koch.--Motio for a new trial denied with
$40 COST. See mcmorandum
SUPERIOR COURT SPECIAL TERM.
BY Judge Sedgwick.
sBoud vs. Welsh Tho order 10 snow cause should
be dismissed, without costs. See memorandum
Bryan vs. Whue CT nl--Inc motion 10 dismiss
should be grained. See opinion
By Judge Speir,
Favro Weaver. - Report OF referee confirmed and
Judgment vi foreclosure ana sale orucred.
Hulin ". Nosirand.-Ordcr appointing BENJAMIN
Wrignt recover &C.
kochler, &c., VS.. Adier.--Ordored on day calendar
for nrst Monday oi February.
National trust Company vs.. Gleason ct al: Swecny
VS.. Prlor.--U Undertakings approved.
Martin vs.. Murphy CT aL--Ordcr confirming report
OF SALE
Bernard vs. Werner; Wick VS.. Earle; Moore w.
Ryan, Brewster vs.. Post; Goding w. McCaughey !:
Hcydcckcr vs.. Clalln; Grumstat W.. Smitn W cid VS.
Gaagher; Same va Same; Martin vs.. murphy
orders granted
COMMON PLEAs-sPECIAL TERM.
by Judge j. +. Daily
Peck ct al Cattrcn; Nolan VS.. Cattrell.-Ordcr
should specify the amount OF money deposited.
La tho matter OF Steiubeck. --Accountlup referred
back. See opinon.
5y Judge Van Hocscn.
Lummis, &C., vs. Byrnc; Same vs.. Samo.--Motions
denied
The People OF al. VS.. The Hildosc Bank.-Momoran-
DUN ior counsel