THE PEOPLE ex rel. BARNWELL R. HEYWARD, App'lt, v. GORHAM PARKS, as Clerk, Resp't. Motion to strike out part of case granted, with ten dollars costs. MATTHEW BARKER, App'lt, v. THE TOWN OF OSWEGATCHIE, Resp't. Order reversed and injunction granted, with ten dollars costs and printing disbursements. GEORGE HOTIS, App'lt, v. THE NEW YORK CENTRAL & HUDSON RIVER RAILROAD COMPANY, Resp't. Judgment affirmed, with costs. ADELBERT W. BOYNTON v. JANE LADDY, Admʼrx. Motion denied. See 32 N. Y. State Rep., 578. IN THE MATTER OF THE SETTLEMENT OF THE ESTATE OF HOWARD LEONARD, Deceased. Order affirmed, with ten dollars costs and printing disbursements. THE PEOPLE ex rel. BARNWELL R. HEYWARD, App'lt, v. GORHAM PARKS, as Clerk, Resp't. Order denying motion for mandamus affirmed, with ten dollars costs and printing disbursements. Motion denied. BRIDGET LA RUE v. NICHOLAS J. CLUte. JUDSON C. RUNDELL, App'lt, v. LEMAN M. COLE, Resp't. Judgment affirmed, with costs. ANDREW LINDSAY, App'lt, v. SCHOOL DISTRICT No. 4 OF STEPHENTOWN, WILBER 0. WALLACE et al., Resp'ts, v. HARRY P. GRANGE, App'lt. Judgment affirmed, with costs. GENERAL TERM-FIFTH DEPARTMENT. Filed October 23, 1890. ALEXANDER J. BRIGGS, App'lt, v. LYMAN AYRAULT et al., Resp'ts. Order appealed from affirmed, with ten dollars costs and disbursements. Collins v. Beebe, 27 N. Y. State Rep., 4, followed. THE CITIZENS' BANK OF PERRY, Resp't, . HELEN A. WILLIAMS et al., App'lts. Re-argument ordered. MACOMBER, J., taking no part. HIRAM DAVIS, App'lt, v. JOHN W. CAMPBELL et al., Resp'ts. Judgment appealed from affirmed, with costs, on opinion delivered at special term. IN THE MATTER OF THE APPLICATION OF THE ROCHESTER & GLEN HAVEN R. R. Co., Resp't, TO ACQUIRE LANDS OF FERDINAND and BARBARA GRIEBEL, App'lts. Order of special term reversed, with ten dollars costs and disbursements, and application denied, with costs, on the grounds stated in opinion of referee. FRANK R. SPETH, Resp't, v. THE N. Y. C. & H. R. R. R. Co., App'lt. Judgment and order appealed from affirmed. CORLETT, J., not sitting. PETER GARLOCK, Ex'r, etc., and as adm'r, etc., App'lt, v. ELLA VANDEVORT and GILBERT M. VANDEVORT, in his own right and as Ex'r, Resp'ts. Judgment appealed from affirmed, with costs, on opinion delivered at special term. HORACE L. LEWIS, Resp't, v. JOSHUA VÁN KEUREN, App'lt. Judgment of Steuben county court affirming judgment of a justice of the peace affirmed, with costs. WELLS PAINE, Resp't, v. JEREMIAH W. CHANDLER, App'lt. Judgment appealed from affirmed, with costs, on opinion delivered at special term. FREDERICK GOETZMAN et al., Resp'ts, v. IROD C. GALLUP, App'lt. Order of Monroe county court appealed from affirmed, with ten dollars costs and disbursements. IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF POTTER AUSTIN, Deceased. GRANGER GRISWOLD, Ex'r, Proponent and App'lt, v. JONATHAN AUSTIN et al., Contestants and Resp'ts. Decree of surrogate of Livingston county reversed on question of fact and trial by jury ordered at the Livingston circuit, with costs of this appeal to abide the final award of costs. Order to be settled by MACOMBER, J. EDWIN K. BURNHAM et al., as Ex'rs, Resp'ts, v. AмOS H. COвв, App'lt. LA FAYETTE COLE, Resp't, v. THE FALL BROOK COAL CO., App'lt. Motion for a re-argument denied. Order of this court modified by inserting that the same is without prejudice to the defendant's renewal of its motion at special term on new papers. GEORGE W. WELLS, App'lt, v. RUFUS A. SIBLEY et al., Resp'ts. HERBERT R. WARD, Resp't, v. THE N. Y. C. & H. R. R. R. Co., App'lt. Motion for leave to appeal to the court of appeals denied upon the merits, and not upon the ground of alleged laches in making the motion. MATTER OF LEWIS H. CLARK, Taxpayer, etc Resp't, v. ANDREW F. SHELDON, county treasurer, etc., App'lt. Motion for leave to appeal to the court of appeals by either party granted. PLINY T. SEXTON, Resp't, v. HENRY BREESE, App'lt. Motion for leave to appeal to the court of appeals granted. MACOMBER, J., taking no part. MATTER OF ACCOUNTING OF JOHN H. HOPKINS, Ex'r, etc. Motion for re-argument denied. CHARLES D. THOMPSON, Resp't, v. ALEXANDER MCLANE et al., App'lts. Re-argument ordered, and the case sent back for re-settlement so as to show distinctly what quantity of apples were retained by the plaintiff in replevin. WILLIAM J. BYAM, App'lt, v. FREMONT HAMPTON, Resp't. Motion for leave to appeal to court of appeals denied. THE CITY OF ROCHESTER, Resp't, v. BENJ. SIMPSON, App'lt. Motion for leave to appeal to the court of appeals granted. ANDREW TOTTEN, Resp't, v. THE NEW YORK, LAKE ERIE & WESTERN R. R. Co., Applt. Motion for a re-argument or for leave to appeal to the court of appeals denied. JAMES BECKER, Resp't, c. THE NEW YORK, LAKE ERIE & WESTERN R. R. Motion for leave to appeal to the court of appeals denied. NEW YORK COMMON PLEAS-GENERAL TERM. Filed November 3, 1890. EMILE MEINECKE, Resp't, o. WM. R. DE KRAFT, App'lt. Appeal from second district court. Judgment affirmed, with costs. CHARLES TURNER, App'lt, v. MOSES F. FOWLER, Resp't. Motion to dismiss appeal. Motion granted, with costs. DANIEL F. FOLEY et al., Resp'ts, v. JOHN FOLEY, App'lt. Appeal from order made by Hon. H. W. BOOKSTAVER, J. Order affirmed, with costs. IN THE MATTER OF THE ASSIGNMENT OF THERON J. BLAKESLEE FOR THE BENEFIT OF CREDITORS. Appeal from order of Hon. H. W. BOOKSTAVER, J. Order reversed, with costs. Filed November 5, 1890. JANE BEATTY, Adm'rx, App'lt, v. FREDERICK THILEMANN, JR., Resp't. Appeal from order declaring action abated, made by Hon. J. F. DALY, Ch. J. Order aflirmed, with costs. JANE BEATTY, Adm'rx, App'lt, v. FREDERICK THILEMANN, Resp't. Appeal from order sustaining the refusal of the clerk to tax defendant's costs. Hon. J. F. DALY, Ch. J. Order affirmed, with costs. EDWARD MEYERS, Resp't, v. THE METROPOLITAN ELEVATED RAILWAY CO. et al., App'lts. Motion to dismiss appeal. Motion denied. Filed November 6, 1890. FRASER C. FULLER, Resp't, v. EDWARD KEMP, JR., App'lt. Appeal from order made by Hon. H. W. ALLEN, J., denying defendant's motion to compel the service of a reply. Order affirmed, Filed November 10, 1890. BERNARD MOLLOY, App'lt, v. BRADISH JOHNSON, Resp't.. Motion to dismiss appeal for non-service of printed papers. Motion granted, with costs. ARTHUR A. KLINE et al., Resp'ts, v. THE W. D. WILSON PRINTING INK CO., App'lt. Appeal from judgment. Hon. H. W. BOOKSTAVER, J. Judgment affirmed, with costs. DAVID E. MARKS, Resp't, v. THE METROPOLITAN LIFE INS. Co., App'lt. Appeal from first district court. By consent appeal withdrawn, without costs to either party. JOHN H. SPRINGER, Resp't, v. JULIUS BIEN, App'lt. Motion for leave to withdraw appeal and for a new trial. Motion to withdraw appeal granted, with ten dollars costs. Motion for new trial denied, with costs. Filed November 12, 1890. MARIA L. DALY, Resp't., v. JOHN S. WISE, App'lt. Appeal from judgment and order denying motion for a new trial. Hon. R. L. LARREMORE, J. Judgment and order affirmed, with costs. THE PEOPLE, ETC., OF N. Y. v. LEVY BLUMENTHAL. Motion by plaintiff to dismiss defendant's motion to vacate judgment en tered on a forfeited recognizance. Motion granted. THE LAWRENCEVILLE CEMENT Co., Resp't, v. SAMUEL W. PARKER, App'lt. SAMUEL FIELD, App'lt, v. THE BURR BREWING CO., Resp't. Appeal from judgment of the city court. Judgment reversed, new trial ordered, costs to abide the event. CLARENCE S. HOWARD et al., Resp'ts, v. PATRICK T. LANGAN, App'lt. Appeal from judgment of the city court. Judgment affirmed, with costs. THE AMERICAN STEAM BOILER Co., App'lt, v. HENRY SCHIFFER, Resp't. Appeal from city court. Order of the general term of the city court affirmed, with costs. JOHN S. WORMAN, Resp't, v. JOSEPH FRANKISH et al., App'lts. Appeal from order of the city court denying a motion to compel plaintiff to file security for costs. Appeal dismissed. Filed November 14, 1890. ROBERT BIGGART, Resp't, v. THE MANHATTAN RAILWAY Co. et al., App'lts. Appeal from order made by Hon. H. W. BOOKSTAVER, J. Order reversed, with costs. BACHE MCEVERS WHITLOCK et al., Resp'ts, v. THE MANHATTAN RAILWAY Co., App'lt. Appeal from judgment entered on the report of a referee. Judgment affirmed, with costs. WILSON REID, App'lt, v. JOHN BELL, Resp't. Appeal from judgment of Hon. H. W. BOOKSTAVER, J. Order affirmed, with costs. ARCHIBALD W. HAMILTON, App'lt, v. RICHARD H. GIBBS, Resp't. Appeal from interlocutory judgment of the city court. Interlocutory judgment affirmed, with costs. Filed November 17, 1890. CHAS. W. DAMON, Resp't, v. THE NEW YORK, NEW HAVEN & HARTFORD R. R. Co., App'lt. Appeal from judgment of the seventh district court. Ordered, that the judgment be affirmed, with costs. EDMUND MCLAUGHLIN, App'lt, v. EDWIN A. CAMP, Resp't. Appeal from judgment of the second district court. Judgment affirmed, with costs. WM. G. SHAILER, as Rec'r, etc., App'lt, v. GEORGE P. MORGAN, Resp't. Appeal from judgment of the eleventh district court. Judgment reversed, new trial ordered, costs to abide the event. MINA EICHNER, Resp't, v. THE LIVERPOOL, LONDON & GLOBE INS. Co., App'lt. Appeal from judgment of the fourth district court. Judgment affirmed, with costs. Filed November 18, 1890. LOUIS J. AUERBACH et al., App'lts, v. JAS. J. McGOVERN, Resp't. Appeal from judgment of the eleventh district court. Judgment affirmed, with costs. THE FORTY-SECOND STREET, MANHATTANVILLE & ST. NICHOLAS AVE. R. R. Co., App'lt, v. Hugh King, Resp't. Appeal from judgment of the seventh district court. Judgment affirmed, with costs. CHAS. C. SKILTON, Resp't, v. THE AUTOMATIC BANK PUNCH Co., App'lt. Appeal from judgment of the first district court. Judgment affirmed, with costs. ROBERT F. SLOANE, Resp't, v. THE PREFERRED MUTUAL ACCIDENT ASS'N, Appeal from judgment of the seventh district court. WM. H. PRUDEN, Resp't, v. SARAH A. BLY, App'lt. GEO. W. SULKER, App'lt, v. JOHN C. QUICK, Resp't. HUGH DOUGLASS, Resp't, v. WM. M. BANKS, App'lt. Filed November 19, 1890. THE NEW YORK METAL EXCHANGE, Resp't, v. CHAS. A. WALWORTH, Applt. Appeal from judgment of the second district court. Judgment affirmed, with costs. HERBERT W. TODD, Resp't, v. JOHN BRENACK, App'lt. Appeal from final order of the first district court. Order reversed, with costs. BRADISH JOHNSON, Resp't, v. BERNARD MOLLOY, App'lt. Appeal from final order of the eighth district court. Final order affirmed, with costs. THE EXCELSIOR STEAM POWER Co., Resp't, v. CALEB MARSTEN, Applt. Appeal from judgment of the second district court. Judgment affirmed, with costs. SIMON SCHIFF, Resp't, v. CAROLINE SCHWAB, App'lt. Appeal from judgment of the seventh district court. Judgment affirmed, with costs. JONATHAN VAN DOREN, Resp't, v. FAYBUSH LIBMAN et al., App'lts. Appeal from judgment of the ninth district court. Judgment reversed, new trial ordered, costs to abide the event. W. E. PRUDEN, Resp't. v. A. N. MACHIEN, App'lt. THOS. S. JUBE, Resp't, r. JoHN A. HODGE, App'lt. LINJI RICCITELLI, App'lt, v. FRANK BERNABO, Resp't. Judgment affirmed, with costs. JOHN F. PALMER, Resp't, v. ELMER F. MACKUSICK, App'lt. Appeal from judgment of the ninth district court. Judgment affirmed, with costs. |