The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-24
THE "BABA" INJUNCTION.

Tho hearing on tho motion to make permanent the
temporary injunction recently granted by Judge
DAILY in the Court Of Common Pleas on behalf Of
Mrs. Henrietta E. Eddy. restraining William T. Do
verna. Mrs. Jane Deverna and the manager Of tho
Bowery Theatre. ~ VOL a. the 'Baba Combination
Troupe" any Of them. from using or disposng Of
the manuscripts Of the spectacular drama "Bsba.~
now being performed at the Bowery The&tre,
was had yesterday In the Special Term
of the Court OF Common Pleas. Mr.. Franklin
afidavts ia which it asserted that Mr.. Deverna
originally gave the French book entitled Aladdin.
the Wonderful Lamp" to Mr.. Eddy. tho decoased
actor for the purpose OF having II translated into
English by Mrs. Eddy and that Mrs. Eddy made
the translation and Deyerna paid for it. Mr.. Bien
and should not be granted. Colonel George II. Hart,
who appeared tor Mrs. Eddy. asked for specific
Devcrna paid Mrs. EDDY for tho TRANSLATION. as as
alleged. and the amount. Mr.. Bien not
able to furnish the required statements, but
insisted that the defendants who not interested
IN tho production Of "Baba' could not be injured by
injunction. At the close Of tho argument Judge
Daily decided to continue tho injunction. He also
quired the dcfendants to furnish bond $1,000 to
Mrs. Eddy security for any sums derived from the
past production Of the play which she might estsb
sh the trial It claimed that three OF tho de-
PENDANTS bad no interest," in the play or Its prouc
ton; but that the ..Baba combination consisted Of
A. j. Bache, MIRA Franklin Bien aud Mira. Devorna,
who employed william X. Dcverns on salary aud
PENDANTS. Judge DAILY intinated that he would do so
condition that they wouldsc0nscnt not to Mrs.
Eddy for any damage sustained by being onjoincd.
FIRST ELEVATED RAILROAD STOCK.
In Supreme Court. General Term. yesterday. there
lengthy argument on tho appeals taken In the
suit Of Frederick r. James against James A. Cowinq
ana the New York Elevated Railroad Company. both
plaintiff and defendants having appealed from the
Judgment rendered by Judge Larrenoro In 1875 in
Supreme Court Special Term. The plaintin brought
suit TO s2a.5oo. tho face value OF first
mortgage bonds issued, issued BY tho West Side Flo
| him. Mr. Cowng was trustee of those bonds as
also by subsequent mortgage for about $25o. O00
| Tracy, f. W. Durham. David Bows, William y.
! Woodward and William L. Scott In December 1871.
| the last mortgage wos foreclosed, the New York
Elevated Railroad Company being the purchaser for
$Ll0,0O0. In january, 1872. the first mortgage
o .s51g
holders Subsequently Mr.. Cowng sold the property
David BOWS for the New York Elevated railroad Com
pany for &lOOO0 being about per the total
amount OF the first mortgage bonds 1t IN claimed by
/ Mr.. James that Mr.. Cowing in collision with
Mr. BOWS and the other parties named above, aud
msde tho sale In violation OF his trust and that he
had power In the matter except hold the prop
erty for the organization of new company coInprs.
ing the frst mortgage bondhofors that Ike trasfer
by him amounted to q conversion OF the property,
and rendered him personally liable for the amount Of
the property TO the extent OF the plaintiffs interest
II was 30 held by Judge Larremore. and no gave
Judgment for the plaintiff against Mr.. Cowins. but
dismissed tho complaint to tho railroad company
| A stated above. both sides appealed.
At the conclusion OF the argument. Mr.. Abram
| wakeman appearing for the plaintiff and Mr.. bud
Icy Yield for the defendant the took the papers,
| r,serving its decision
FOURTH DEGREE OF MANSLAUGH TER.
Frederick Fsist and Phillip schiopp two butchers.
were drinking In lager beer saloon in Diviaion
street tho 18th OF December last when the latter
became somewhat sensitive because Fest declined to
indulge further in the beverage. Fest then left and
and 1871 Division street. Schlopp who was some
what intoKicated well outraged at Fests seern-
Ing indifference. followed him 70 soek sstinfaction for