The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-24

certain facts. II these facts show that there Is .
by the phrase 'ciams and interest" section 299,
Code OF Procedure, understand not mere verbal
assertion Of claim, irrespective OF acts proven, but an
assertion supported by facts. which show that sub
stanal question can be made 10 he submitted for ad
judication In TINS SEQ that such ques-
ton be The plaintiff issued an execution.
TINS made lien upon the properly except as against
In the transaction OF receiving the bill OF sale part
with any value ana ne was not IN any sense bona
nde purchaser; with presumptve motive of this lien
be took bill OF sale which by contempors neous
writing appears TO have been given AS security
Tor an anIecedent Indebtedness. The property
only momentarily In the attorneys possess lon,
for he forthwith returned II 10 tho defendant.
These writings were not filed, and therefore
tn n judgment creditor IL pledge, for the
defendant kept possession by agreement 40 origine.
properly therefore remained the property Of the
debtor Ho parted with It's to the attorney
This was violation OF Inc order, and subjects the
parties 10 II 10 proceedings Tor contempt There
should DO an order under section 297, directing the
property TO be applied toward tho satisfaction Of the
Judgment and IN case OF omission to show why
they should not be punished for contempt. &c.
SANDS, &c, VS.. New York aud S. Coal and Iron
Compary.-Motion denied, without COSTS
ka a, vs. s. OF petition granted
wrgat, &c, vs. MISUNDERSTANDING settled.
Berwick vs.. Wesh-Order settled
Findley VS.. Crosby OF all do not think that tho
payment OF the disbursements should be made a con.
dton OF substitution between the receiver represent
Ing the Judgment creditor and the attorney OF tho
tered
BY Judge speir.
Bongrand vs. Le Bos.--Order denying motion, with
$40 costs TO defendant TO abide event.
Fozer vs. New YORK and Harlem Railroad Com
pany.-Motion granted.
Collins VS.. Collins Reference ordered.
Weslerman W.. Reminglon.-Order extending time
to file security TOR COSTS
Carnes vs.. Tho National Burglars Insurance Com
pany.-Ordcrcd Oh special calendar for January 25
MiIIiken VS.. Murray.-Order granted and undertake
Bond VS.. wesh.--Ordered on day calendar for tho
nrst Monday OF February.
Halan vs.. Nostrand; Halan VS.. Reeve; Moore VS..
steger; Dc Wit va. Connolly; The Loancrs' Bank
Reevei Roberts VS.. Hughes.-Orders granted.
COMMON PLEAs-CHAMBEGs.
BY Judge J. F. Daily.
Bloch va. BlOch.-See memorandum.
In the matter OF Bvnner-The petition will be ro-
ferred Tor proof oil the Iacs ana objections by
the schedule creditors, to whom notice of hearing
notice.
MARINE coURr-sPECtAL TERN.
BY Judge Sinnott
Winter VS.. Kreizer.-Mot,on to open default
granted and stored Tor first Monday In Feb.
ruary, on payment OF $40 costs
Kaich vs. Rey.-Motion granted on conditions,
first, GU payment OF the Shcrns taxable date
second on payment OF $40 costs OF this motion within
ten days
Brlgolti vs. Portcr.-Motion granted. unless within
ten days plaintiff puts cause on calendar and pays $40
COSTS.
The Cincinnati Times vs.. Conklin.--Mo tion denied,
Rice vs.. tho Union Portland Cement Company OF
aL-Motion 10 file security granted, with $40 costs;
security TO be filed within twenty days; otherwise
proceedings dismissed.
Andrews VS.. Herts-The default opened, dismissal
OF complaint set aside and cause restored to calendar
on pay ment OF $40 costs, TO DO made in six days.
Henry Vs. Davis-Motion Tor judgment must be
granted unless plaintin serve reply three days
from service OF order nereon and pay defendants at
torney $40 costs.
Marks VS. BIock.-Motion for attachment against
guardian ad Item denied Tor the present COSTS
AND with leave to renew alter decision OF motion to
open default
Derr vs. i4ange.-C0sts taxed ut $50 20.
Eleventh Ward Bank Bear-Motiou for judg-
ment granted, with $40 costs.
Llchtcnsteln VS.. GilKlnson.-The order as already
entered must stand.
Klein VS.. McCahll-Molion granted; default
op ned.
Matthias vs. Muhlken.-Order amending order.
BY Judge Goepp.
Raynor vs. ST. John.-Moton Tor new trial granted
Lotti VS.. Neutrality-suspicious. denying motion.