New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-12-04
DECISIONS rs THE COURT OF APPEALS
Ions LIST HANDED DOWN IN BOTH DIv1'

sIONS-CASES ARGUED.
Albany Dec. Sin the Court of Appeals to-day
the following decisions were handed down;
Peter ELLEN appellant ag the Tucker an Sfsier
respondent. az. the Long Island Railroad company
Motion to correct calendar granted, Wlthou, c1s'si
Carrie We'll. an infant. aet the Dry DOH Eds.
broadway and Hatterv Railroad Company Jam $
Dorman administrator respondent agt: me bIV 3a5
way Railway Company, brooklyn Mouoh sr"i'''''
The Marine Bank Of Buffalo agt. the Butler collery
Company Motion denied without C COST. Normal
William = socum appellant, agt Catharlne D 9iS
and another the same agt William G Neght", admin
stralor ETC. Motion to Glfm NsGs Veil Executor
the same. agt Adolph Bernhemer. Motion Tor %
arguments dsnied, with $40 costs 80, nomas
Thcodors Vcitcrlen. ct al appellant ag' Dc1aI ID
Dewey Of al Motion 10 open default Orlere that,
on the return 10 this court OF me ctrur ~ sno
case the default be set aside on the paymenI Vi ~
ia tho attonevs for the respondent and me case
placed the present calendar ior nm dsYs from
copies Of the cases to be served within zen uaS lU
December 5. The court below is requested 10 return
remittltur 10 this court .... .urouants act
Charles u beden. respondent. Motion to allow
surete, to justify denied, with 80 COST ar Hen
worth al al Marion TO correct rcmlttltur and motion
for reargument denied. with Slo GoS's Vi JI, th
costs Of appeal in this court TO be paid by appellants
to the executors aud trustees OF J1S.Pn DeIlan, mt
JuII + lame, individually and as cxecutrlx respond
ent Motion 10 amend remlttn qnered maj RE re-
HnecaI Term Is modified by striking there err The
shall become ufDi Vi
" M ,aid hy the executrfX and trustee as other deOis
~ Tho estate are 10 be- paid and inserting the wOns
,cb doNconcv or excess OF current expenses beyond
I n,n,ctv of income charged with their
u ,a shall be charged upon the
p I,cInty n income given TO the widow
,d y r,odaed affirmed with costs 10 all parties who
,id href an appeal 10 this court, one bill only being
ilred ~ each attorney firm filing such briefs pay
LIE nut ~ the estate except "a allowed IN this oruer'
1,be" ,notions male I'm the case are denied
Ann DnGy agt. Michael Duny, respondent. ana
roeanns Hughes and others, appellants Appeal dis
missed. with costs. .,,.. -. ,,u,,., ,,,,eL.u
rssnondcnt: Robert Parkinson, respondent agt. the
nc Orders Of General and Special Terms reversed
nd motion granted. with costs 10 appellant OF appeal
o. General Term and 70 this court and $40 costs of
motion. $500, 49, o,..
vt rho Manhattan Railway Company, etc. appellants
order and Judgment of General Term affirmed. with
costs with leave Ia defendants 10 answer within
twenty DAYS upon payment Of the costs In all courts
since the demurrer. 49,
James avery. respondent agt: the Equitable Life
Assurance society of the United States. Judgment
rrvcrsoI and Judgment ordered for defendant on
demurrer with leave 10 plaintiff TO amend upon pay
ment Of the costs OF action In all courts.
Tbe following were argued:
James Austin agt Jane Cakes, individually and
as exrX et al. respondents and appellants
Harriet NJ Wait a. exrX., ct al. respondents. agt.
sarah A. Cerque and another, appellants Submitted