New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-11
THE COURTS.
COURT OF APPEALS DECISIONS.
ANY HANDED DOWN BY EACH DIVISION
CASES ARGUED.

MANY HANDED DOWN BY EACH DlFlSloN-
CASES ARGUED.
Albany, March lO-In the First Division Of the
Court of Appeals to-day the following decisions were
handed down:
StacIa Cullen, administrator, respondent, agt Frank
administrators respondents agt. the COopelstOwn and
susquehanna Railroad Company, appellant; Patrick
Avenue Railroad Company, appellant; Horace Ben
jamin, respondent. agt Henry l.. Rogers, executor
costs to abide the event.
James II. Fay. assignee, respondent agt: Hugh j.
Grant, sheriff, ere, appellant; Herman BFidgman ana
another, guardians, respondents, ast. the Vacuum on
Company, appellant; William Burch ag. the same :
appellant; in re last viii, etc.. Of Jane E. Kelman
deceased; Ella, Bach and another. agt samuel Fuch
The People, appellant agt the broadway Railroad
& ;cor % ro & ng tho SpeciaI Term
animcd with costs.
Laura Wooden, respondent, agt. the Western New
Judgment affirmed. with costs; but with leave to the
defendant TO withdraw the demurrer and plead anew
within twenty days after service Of u copy OF the
judgment entered, upon line the remttur. and upon
payment of costs of the action from the interpOson
The People ex rel George w. Van IIise respondent,
agt the Police Commissioners of Greenbush appellants
order affirmed on opinion below, and also on opinion
in the People cN rel Campbell AFT Hannah (50 Hun.
i60 which adopted in this court upon the affirm
ance Of the judgment in this court.
The People eX rel Alexander Snler. appellant. agt
the Mayor Of Ncw-fOrk ETC., respondents: In reap
ID. "A
writ Of mandamu, the People cx rel Daniel Mcqueen,
respondent. agt the Theatrical Mechanical Association
appellant the People rel. the American surety
Company. appellant. aGt Edward Wemple Controller
respondent; me Farmers' Loan and Trust Company
way Company; defendant and the village Of New
Rochelle. appellant. order affirmed with costs.
william F. Peck taxpayer, respondent. aCt. the
CITY of Rochester appellant. Appeal dismissed with
costs.
Tho following cases were argued
Nelson l.. Hutton. respondent agt. RathbOnc, Sard
& Co., appellants.
James il. Hooker. respondent, act. the City Of Roch
Fannie Bean. respondent agt George W. Carleton
and anOthc,, appellants.
Franc, 3. Grewcr, respondent. agt. James f. Ford,
Jim II. Naclnnls appellant agt. the City of Brook
lyn respondent.
Kate Hagan. as administrative etc, agt. the City of
Levi, sander, agt Agnes Gordon Soultcr ct al.
Following is the day calendar for tomorrow: Nos.
-, a, As, A. 81, lo1, Il and 20.
In the Division to-day the following decisions
were hand down:
sophia "Ncnbcrr and another. as admini,t;att,ors'
son River Railroad Company, appellant judgment
affirmed with costs.
Catherine b. Pit. It, administrator. etc. appellant
ag Charl", kellogg. respondents ETC. IN the matter 81
the judicial setuement. etc. Philip r. tnderhI, a
administrator. etc. Elizabeth r. Guon eNecutrN' etc..
appellant. agt Philip Il. undcrh administrator, etc,
respondent. Appeal dismissed with costs.
Ludlow w. Valentine, an infant, etc, appellant act'
susan y Austin and another implicated. etc, re. !
>pondcnt, Judgment affirmed, with costs IN favor Ot
each respondent.
william T. Willis and another AIT. Amelius 5. |
sharp eXcttor ETC.; Thomas j. Ritch. IT., receiver
appellant two cases.. order 80 modified A. 10 direct
the receiver to pay only 1888 II and interest thereon
from OctOr-r 1--9 and to direct the plinun, To
pay only - and interest thereon from september
D. l--- and modified affirmed without costs In |
this court
Theresa Wwirowsk. as ADMINISTRATIVE. etc., re |
spondcnt act the Lake shore ard Michigan southern
Railway Company. appellant Judgment reversed |
new trial granted. costs - abide the event.
Blanche L. Andrrw,, respondent. AIT. william g.
brewster. al, executors etc" appellants jung
ment reversed. tfal granted, costs 10 abide the
event: unless plaintiff ,tipulates within thirty days
To reduce the verdict to $4,000 3D. Upon fling Such
stipulation the judgment for such reduced amount,
with interest from the date n the verdict. Is afrmel
without costs.
cnts AIT Phoebe C. Haviland. impeaded. etc. APP
pclllnL The nnal and int"~ocutory judgments re-
vcr,cd and a trial granted costs 70 abide the
event
John MITCHELL As executor. etc. respondent: AIT.
David W Knapp. etc. appellant. judgment affirmed
on the opinion Of the General Term. with costs.
Tho following cases argued in the Second
Division:
Alfred n. Smith and another, respondents, agt
Henry Clews. appellant. .
lanes W CRY stall an infant. respondent. agt the
Troy and Boston Railroad. appellant
Following Is the second Division day calendar for |
to morrow Nos. 81, Col, 22j, 40, 800, l59. OIL
and 2G4.