The New York herald., 1879-01-07

recently brought suit in the Court of Common
Pleas Of this city for divorce from her husband she
alleging that he had committed adultery both in st.
Louis and this city. Judge Van Hoesen yesterday
granted decree Of divorce in favor of the plaintiff
In suit brought by Patrick Kelly in the Marine
Court before Judge Alker to recover $500 from the
Lehigh Valley Coal Company, as damages for the
sinking of his boat, which was overloaded without
his knowledge consent, the Jury yesterday
awarded $475 damages for the plaintiff.
Judge Van Brunt yesterday affirmed the referees
report under the written decision of the Court OF
Appeals in the suit brought by the Church of the
Redemption against Grace Church. the facts OF which
Judge Lawrence decided yesterday that the sus-
pension OF the powers of alienation for six years is
fatal to the fifth clause of the Will of the late Judge
AIcCunn, and he decides that the property descends
to the heirs at law the same il Judge McCunn had
died intcstate.
Y Charles Baker received from the banking house Of
Morton. Bliss Co. q check for $l0,i27, on the
American Exchange National Bank. in exchange for
bill Of exchange for 2.l90, to which, alleged, he
forged the signature OF II. j. Baker Co. He was
arrested and pleaded guilty. and yesterday SEN
ment III the Penitentiary. His wife, who in at
tendance, tainted when sentence passed.
John O. Campbell has brought a writ of certiorari
proceedings for his reinstatement engineer of the
Croton Aqueduct Department. The case was the sub
ject of lengthy argument yesterday before Judge
Lawrence, in Supreme Court. Special Term, on the
alleged nsufcicncy OF the return to the writ made
by Commissioner Campbell. The Court took the
papers.
Peter Wilson commenced yesterday. before
Judge Freedman in the Superior Court. The action
s to $4,000 damages for injuries received
The plaintiff alleges that she was in the employ OF
the defendant laundry woman and was hit by an
iron projecting from shaft running up the building,
breaking her leg and compelling its amputation. and
that she also badly burned The defence Is con-
tributory negligence and denial OF liability
Application made yesterday by Mr. william i.
Howe to Judge Barrett for writ of habeas corpus III
the case of Bernard and Anna Goldstein, sentenced
each in the Court OF General Sessions to eighteen
stolen goods. The writ was granted and writs of
error and certiorari having been granted application
will made to-day for their discharge on ball. pend
ing the hearing on appeal.
Gilbert II. Merritt in January. 1866. appointed
member of the Fire Department and was assigned
to Hook and Ladder Company No. 3. In the follow
ing year he ordered to report for duty to the
storekeeper where he remained until 1872, when he
discharged as fireman and made messenger at
salary of 200, which position he retained until
December 81. 1874 when he was discharged Through
writ Of certiorari lie applied for q revision OF the
action of the Fire Commissioners dismissing him.
Judge Barrett yesterday gave his decision in the
case, granting the writ.
Before the Supreme Court General Term yester-
day, there argued at length appeals from orders
in che suit OF John c.. Southwick VS.. the First Ma
tional Bank OF Memphis, the question being whether
the defendant being national bank, the State court
has jurisdiction; and III the suit of the First National
Bank of Auburn VS.. Henry w. Beardslee. In the lat
ter suit Judgment obtained against the defendant
and All effort is being made to attach his salary, the
defence being that, he Is married and needs his
salary for the support Of himself and wife, the
cannot be attached nice point has been raised.
growing out of the fact OF the marriage having taken
place subsequent to the attachment.
The Superior Court, General Term, yesterday
handed down number of decisions in argued
during the last term. The most important was the
affirmation of the decision rendered in the OF
Charles W. Clifford against Andrew j. Dam and an
other, which was brought to recover 5000 damages
sustained by falling through coal hole in front Of
the Union Square Hotel. The defendants offered to
show on the trial that the coal hole made by
them under authority of license granted by depart
ment of the city government. This proof
cuded on the ground that it not set up by the
answer. The ruling upon this point was appealed
from, and the General Term atirms the Judgment be-
low.
The Court also affirmed the Judgment Of the lower
Court in the of Anna Zugner against the Receiver
OF tho German Savings Bank of the town of Nor
risania. The action brought to recover
o $1,000 bond of the Morrsania Steamboat
Company, which was left at the bank for
safe keeping. Her husband had deposited it
to bolster mp the institution, but always spoke of
it his wifes bond and the cashier indorsed it in
her name. In the Court below the plaintiff recov-
cred judgment, and on appeal Chief Justice Curtis.
who gives the opinion OF the Court says:-"The
discloses how savings bank can be made to in
fict injury and loss on those whom it should pro-
tect Wherever unsuitable persons are organized
under the forms of law custodians of the savings
of the weak court of justice is called to
far is consistent with the law. the of
losses"