New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-10-02
A COURT CEASES TO EXIST.
ADJOURNMENT SINE DIE OF The SECOND
DIVISION. COURT OF APPEALS.
ITS WORK COMMENDED BY Mr. FTERO AND TIL
NEUTRALITY-SUSPICIOUS.
HANDED DOWN

NEYGENERAL-DECISION
HANDED DOWN.
Albany, Oct. 1.-The Second Division Of the Court
Of Appeals met for the last time this morning at IL 10
O'Clock. After the decisions in the sixty cases re-
naming. which had been assigned to this court by the
Court OF Appeals. had been handed down. the court
adjourned sine die. the work for which 1t was
created being accomplished.
Among the members Of the bar present were J. New
ton Fiero. president of the State Bar Association
Matthew Hale, Hamilton Harris, Donald McNaughton,
Judge Edwin Countryman, Marcus T. Hun, Frederick
Harris, Major Hiram F.. sickles and Clerk Gorfam
Parks. The Second Division created by Governor
Hill in January, 1889. to relieve the Overcrowded
calendar Of the Court OF Appeals and has been holding
sessions corresponding to those Of the parent court
since March, 1889. During that time about LOO
cases have been disposed OF by this DIVISION and there
are only $40 cases on the court calendar which will
be taken up by the Court OF Appeals proper Monday.
After the decisions had been handed down, Mr.
Fero addressed Chief Justice Folett, in words Of
commendation on the work OF the court. He was
followed IN a like strain by Matthew Hale and Ham,
ton Harris. Private Secretary J. A. Kellogg, appear
Ing on behalf Of the Attorney General, who was I'M
avoidably absent read the opinion OF the latter In
reviewing the courts work, saying: "There can be
no higher praise OF your court than to say the
fact ls that it has been worthy part or division OF
the Court OF Appeals. You will to your duties
In the Supreme Court. with the best wishes OF the
bar. and having. In the hearing and disposition
Of cases assigned to You, not only well discharged
your duties, but created strong testimony In favor
of the present system OF relief to the Court of Appeals
whenever II should be found necessary
Chief Justice Follett replied that the court had
met this morning simply to hand down decisions.
1t had expected audience nor any expressions from
the bar, and therefore had prepared no reply. The
grateful for the courtesy shown In all In
stances by members OF the bar. The court was then
declared adjourned sine die. Governor Flower had
Issued n proclamation dssolving the Second Division
as the judges OF the Court Of Appeals have cerhed
that the emergency requiring the formation OF that
division has ceased
The following decisions were handed down by the
court today:
Alfred Eldridge agt The Atlas steamship Com
pany, appellant: c. T.. Skinner trustee appellant,
agt Warren b. smith. ct a. Asa W. Parker agt.
Alexander Mclean. appellant f. E. Gold and another,
appellants, agt. James Clyne ct all In matter OF VIII
Frederick c.. Dale deceased, Alexander De Betteri,
appellant NJ. Rowland, as trustees, ETC., agt Louisa
Rowland Clendennin, ct al, appellant; L. Is. "oo-
sey and another, executors agt. New-forR Ele-
waited Railroad Company; William NJ. Tebo, appellant
agt City Of Brooklyn; ;. Schuyler. ct al, appellant
agt. Phoenix Insurance Company, OF Brooklyn !;
Louis Fleischman agt. Lppman Topltz appellant )
C. Abbey appellant .agt. Henry ". Taber, ct al,
respondents; First National Bank OF Union MilS'
appellant. ngt. J. II. Clark; Atlantic Avenue haii-
road Company. Of Brooklyn, agt. I. l.. Judson ana
another; Wells Paine agt. J. W. Chandler appel
liant: C. c. Taber agt New-York Elevated Railroad
Company appellant; A. p. Hathaway agt' orleh'oi
Insurance Company. appellant; Emma A. Parth as''
Manhattan Railway and another, APPELLANTS; Ella A.
sahin appelIant agt Tile Grand Lodge Of the An
clent Order OF United Workmen' the GREENWOOD Lane
and Port Jervis Railroad Company appellant
aQt the New-York and Greenwood Lake h'h'
road J. A. Bell agt Jacob Gttere, appellant; H.
r Granger agt Electa NJ Granger, appellant
J. c. Bell agt s. s. Hepworth, ct al, George W.
skeler and another, appellants; f.. I. swain as'
william H. schlctieiin, ct al. appellants; sophie L.
Mattern appellant. agi. Russell sage; A. Ncf fauueh
anpellant agt V. Allen, ct al; A. V. De"itt anu
another. appellants. agt. Emra Transfer halroau
Company: Amelia X. Noel, agt. H. Peanuche iAtno
graphic Company and another. appellants 'apit" ''S
Rank appellant agt. a. Parent: City OF Buffalo as'
= AZ smith appelant; {. +. Mitchell. ct al, agt
Mary A. w. Thornc appellant; Eliza I. Brush aet.
e. Datten appellani J. C. French and another ap
uellants agt J. Il. Bauer and another B r DniseS'
nppcllant, agt. the star Knitting Company Mat.'e"
Marx ogt "Thc Press Publishing company, appellant
Judgment affirmed, with costs
J. > Rogers and ano her. appellants, agt. W. W.
phIllIps. ct al ) Mayo, appellant. ag Delorme
Knowlton the People, appellants. agt william ''
pallad ct al; the People agt. Emma Fishoaugn'
onneIIant CITY of Cohoes, appellant, ag. the Presi-
dent OF the Delaware and Hudson Canal company
an,. onnellant agt same; IL. q. vakmar, appellant,
agt Manhattan Railway Company Henry "eiSn'
npp,llant agt. John Taylor; Oceanic steam Na"sa
ton Company. appellant agt. corpana irah'a'iah'0
Espanoa. Judgment re'eSeu' no" ~
costs to abide event. 80
ceoro. hicc appellant, agt. John ID. Rockefeller
Of al, AS trustees. etc. Order reversed ana Iudg
ment entered on decision OF Special Term aitrmed,
with costs In all courts
j. F. owens appellant, agt I. Z. Evans D. u
French. appellant. agt. ). +. Dauchy ct. al. Order
affirmed and Judgment adequate rehuereu ashiS'
appellant With costs. :, c,, .,,. NV.
Andrew r. >heIdon. rs county treasurer 30 muen
Of order of General Term AS appealed from by
o.,Itloncr reversed, and order OF county judge as
nod eG Uy Gtneinl Ier"l ahriheu "i'' coSu 70 'ne
Lawrence Drake appellant agt J. F. Drake ct: al;
Ird me 1 affirmed with one bhl OF costs In favor OF
hahS Thc Hamilton National Bank of Boston al,
by nSns to the rg% SSoy%y y Ge i@ ss4 Of aSa oo s
moI"sa TaI's r. coleman appelient agt state OF New
York Award and order reversed and new herring
granted before Board oil Oiains "i'h ooS'' u aouo
eScIoi John n. smith ngt D. C; Reed. appellant Order
affirmed and Judgment absolute rehdereu hs'nnS' "p
George " Mclean, Receiver OF Taxes, appellant,
not sarah L. Myers Judgment reversed an6 )udg-
ment entered upon verdict affirmed, without costs 70
either party , .,ns ., Nano,a, Ics
Mary NJ Gouverneur, ana others aso. H"uo.u in a.e
Comnnny appellant Order reversed and Judgment
entered on decision OF circuit affirmed with costs.
Frank Il. Knowlton. appellant, agt. T. Atkins. Order
rmed aud judgment absolute rendered against ap-
pellant without costs In this court ,
Jane NJ Bowen. appellant agt state OF New-fork
Award ard order affirmed -. ,.
John HAYES agt. Catherine F.. Rabod, appellant
Judgment and orders affirmed. win COSTS.
The People agt. Long Island RailroA company
appellant Judgment affirmed. o,.,,
"fEF b. Chapman, appellant. agt George +. Comstock,
Appeal dismissed, with costs.
I'LL, I-NII,rpcITY nE f,HLCAGQ OPENS.