The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-12
COURT OF APPEALS.

ALBANY, N. Y. Nov. IL. 1879.
In the Court of Appeals Tuesday, November IL.
1872 present Hon. Sanford 4. Church. Chief Justice.
and associates, the following business was trans
Acted:-
No. 494. Philip Embury Va. II. G. Foster and an
other-Motion to strike the case from the motion
calendar. Benjamin L. Kessam for motion, Jesse
Johnson approximation denied.
No. 30. Mary A. vandergaw VS.. James Robertson
Motion to compel appellant to renew sureties on ap
peal. Dewitt 4. Brown for motion. Jesse johnson
opposcd.--Motion granted.
Chauncey Smith VS.. Adolph Frankheld.-Motion
for rcargument &C.. submitted.
FROM ORDERS.
No. 247. Francis M. Thompson. appellant, Va. The
Commissioners for Loaning Money Of the United
States, &C.. Observation-Disclosures.
No. 494. Philip Embury. respondent, II. O.
Foster and another, appellants.-A-gued by Jesse
Johnson for appellants and Benjamin I. Kessam for
No. l7e. }. Marcus Boorman. appellant, vs.. The
Argued by J. NJ. Boorman for appellant. Charles L.
No. Az. In 70 Philip J. letter. to vacate ASSESS
ment.-Argued by Moody d. Smith for appellants,
j. A. Boall for respondent
No 6s7. In no The Boston. Hoosac Tunnel, &C..
Railroad Company to the track OF the Troy and
Boston Railroad Company.-Argued By Esek Cowen
for appellant, Il. w. Paige for respondent
roaS companv TO cross the tracks of tho Trov and
Boston and Troy and Bennington railroad compa-
nies.--Arancd by Samuel Hand for appellant. Z. w.
No 49l George W. Bergen, respondent, vs. Jennie
T. suedicor anu others, appcllan ts.--Argued by A.
N. Weller tor appellants, John II. Claxton for
Edward smons and others Cheophas Huot and
others.-Motion to remit cause to court below.
Submitted.
Bucl vs.. the People Judgment affirmed. Casey
~. Tho New York Central aud Hudson River Rail-
road Company; Hall vs.. Hall; The Brooklyn Steam
Transit Company The city of Brooklyn; Hall vs.
Smith; Bainbridge Richmond, Cutting Va.
Marion; Trow shannon; Former VS.. johnson;
Henderson The New York Central and Hudson
River railroad Company; Manning VS.. Hogan
judgment affirmed, with costs.
Arthur vs.. The Homestead Insurance Company;
Boese VS.. Locke; Ford VS.. Joyce; The New York
Guaranty and Indemnity Company VS.. Gleason
Judgment reversed and new trial granted costs to
williams The Board of Supervisors Of Wayne
County Order OF the General Term reversed aud tho
order OF Wayne County Court affirmed. with costs.
Marshall W.. Davis.-Or,ler of the General Term
versed and judgment OF Special Term affirmed, with
costs.
Trowbridge VS.. Unconstitutional of the General
Term reversed and judgment the report of tho
referee affirmed, with costs.
Morris VS.. NEUTRALITY-SUSPICIOUS. OF the General
Term and judgment on the report OF the referee no
vcrscd and new trial granted costs to abide the
event.
Tho People OK rel. Dakn Va. Byrne-Order
affirmed and Judgment absolute for defendant, on
stipulation. with costs.
Marvin w. NIarvn.--Ordcr reversed ana motion
tor costs granted. without costs OF appeal In this
sourf.
The People ex rel Ransom va. the Board OF SUPER
visors of the County OF Niagara. Order affirmed.
with costs.
9elston va Shields Motion granted. without
COSTS that remtitur be amended 20 M to direct tho
payment of coats of all parties on appeal to this
court out Of the estate.
Bentley vs.. Waterman; Kcllum vs.. Durfco; whita-