The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-29
COURT OF APPEALS.
PROCEEDINGS.

PhOCEEDlNGS.
ALBANY. N. Y, Jan. 2s, 1870.
The following business transacted in the Court
Of Appeals to-day
Genet VS.. The Mayor. &c.-Motion for rcargument
submitted.
APPEALS FROM ORDERS
No. 354. Moses Taylor and others, appellants, vs.
Nicanor Troncoso and others, respondents.-Argued
by Samuel Hand for appellants; Edward Patterson
No. S55. Allen Benedict. respondent, VS.. s. Miller
Benedict. appeant.-Argued by G. ID. Adams for
appellant; Cornelius T.. stephens for respondent.
No. $40. Robert g. Richards, respondent vs. Pierre
T. G. Richards aud others. appellants. by
John j. Macklin for appellants; Samuel Hand for
No 34i. In re petition of George H. Birmeister to
vacate asscssment.-Argued by p. A. Hargous for APP
pcllant; J. A. Bcal for respondents.
No. $40. Catharine =. Fuller and another, respond
cnts. vs. George H. Purscr, implicated. appellant
Argued by Thomas Allison for appellant; d. Hawley
No. $50. stephen II. Cornell, respondent. VS.. Ezra
Woodruff. impleaded, appellant-Argued by George
G. Lay. Jr. for appellant; Philip s. Crooke for
No $685. John A. Weeks. appellant, vs. Francis
Tones and others. in re petition of Adrian Isen,
respondent.-Arsued by George H. Forster for APP
pcllant; b. +. Lee and f. De P. Forster for respond
No $685. Fannie H. Musgrave respondent vs. John
II. Sherwood. appellant.-Argued by b. T. Lee for APP
pellant; Miles Beach for respondent.
No. $50. Alfred Dickinson aud Others, executors,
respondents, VS.. Alexander II. Dickey and others
Appellant submitted.
DECISIONS.
MeiSel, ADMINISTRATOR, Vs. 6iODe MUTUAL Lire In
surance Company; Mckinney VIZ. McCloskey; Hoff-
vs. Conner; Warner Durant Scott Me-
MILAN; Gale VS.. The New York Central and Hudson
River Railroad Company; Clark Vs. The Central Park
aud North and East River Railroad Company..-Judg-
ments affirmed, with costs.
Tho. 81. Vincent Female Orphan Asylum Of the
City OF Troy The City of Troy.--Judgment
versed and trial granted, costs to abide event.
De araaf VS.. New York Central and Hudson River
Railroad Company.-Orler affirmed and judgment alb
solute for defendant, stipulation with costs.
The Highlands Chemical and Mining Company
Matthews-Judgment reverse aud new trial granted.
Costs to abide event. unless the plaintiff stpuates to
reduce recovery as stated IN the opinion OF Judge
Andrews. in which event judgment, modified,
affirmed, without costs to either party.
Miller The Mayor, NC, of New York.-Judgmcnt
affirmed with costs, with leave to plaintiff to amend
his complaint within twenty days after tho service of
written notice of the filing Of remttitur of thscourt
In the court below.
Newman VS.. Dickson Fowler appclant). --Appeal
dismissed with costs.
The Commercial Bank OF Rochester vs.. Spencer
Order OF the General Term, far as 1t strikes out
the second and third dcfcnces sham, affirmed, and
appeal from the remainder of the order dismissed,
with costs
The First National Bank Of Mcadvillc, Pa. vs. The
Fourth National Bank OF the City of New York
Motion granted. without costs
Homs vs.. Mcdowell and three other cascs.--Ordcr
affirmed. with costs of one appeal only
> Worth vs.. Main.-Mution granted, with $40 costs
of motion and costs appeal up to time of motion.
Simmonds VS.. STANDARDIZATION for rcargument
denied without costs; motion to amend order and
rcmittitur by striking out costs granted without
costs.
Rohrschncider VS.. Tho Knickcrbockcr Life Insur.
Company.--l,earg umcnt ordered ON same pa
pers, with such other new points may be submit
ted within fifteen days hercfron, without costs of
motion.
The following is the calendar for Wednesday, Janu-
airy ~. lsIA:-Nos. "a. 7. TO- 5s TO- IL. IL, "a.