HAEBLER et al., Appellants, v. BERNHARTH | GOODWIN, Respondent, v. O'BRIEN, Appelet al., Respondents. lant. (Court of Appeals of New York. Oct. 29, 1889.) (Court of Appeals of New York. Oct. 29, 1889.) Marshall P. Stafford, for appellants. M. No opinion. Motion to correct calendar H. Cardozo and E. J. Nathan, for respond-granted. HOAR et al., Appellants, v. HOAR, Respond- (Court of Appeals of New York. Nov. 1, 1889.) In re RAMSDELL'S WILL. No opinion. Judgment affirmed, with (Court of Appeals of New York. Nov. 1, 1889.) costs. All concur, except FOLLETT, C. J., No opinion. Judgment affirmed, without dissenting. See 42 Hun, 657. costs to either party, on stipulation. See 3 N. Y. Supp. 499. KROTEL, Respondent, v. WILLIAMS et al., (Court of Appeals of New York. Oct. 29, 1889.) No opinion. Appeal from order dismissed, cur. LASEROWITSCH, Respondent, v. REIMAN, Appellant. (Court of Appeals of New York. Oct. 29, 1889.) Stephen G. Clarke, for appellant. Jno. W. Fiske, for respondent. No opinion. Judgment affirmed, with costs. All concur. SWENSON, Respondent, v. MAHOPAC IRON (Court of Appeals of New York. Nov. 26, 1889.) No opinion. Judgment affirmed, with FOSTER, Appellant, v. CITY OF BUFFALO, Costs. All concur. See 6 N. Y. Supp. 520. Respondent. (Court of Appeals of New York. Oct. 22, 1889.) E. J. Plumley, for appellant. Frank C. Laughlin, for respondent. Judgment affirmed, with costs. All concur, except BRADLEY and HAIGHT, JJ., not sitting. See 42 Hun, 651. NEWELL, Respondent, v. RYAN et al., Ap pellants. In re Judicial Settlement of Account of No opinion. Judgment affirmed, with costs. All concur. (Court of Appeals of New York. Oct. 22, 1889.) ENDERS, Respondent, v. LAKE SHORE & M. S. RY. Co., Appellant. W. S. Andrews, for appellants. M. E. Driscoll, for respondent. No opinion. Order affirmed, and judgment absolute directed for plaintiff on stipulation, with costs. All concur, except FOLLETT, C. J., not sitting. See 40 Hun, 286. HEALY, Respondent, v. RYAN et al., Appel. (Court of Appeals of New York. Oct. 22, 1889.) WHITE, Respondent, v. GAINES, Appellant. (Court of Appeals of New York. Oct. 29, 1889.) 0. D. M. Baker, for appellant. Henry M. Taylor, for respondent. (Court of Appeals of New York. Nov. 26, 1889.) Jas. Fraser Gluck, for appellant. Tracy C. Becker, for respondent. No opinion. Judgment affirmed, with costs. All concur. See 2 N. Y. Supp. 719. BALESTIER, Appellant, v. MECHANICS' NAT. No opinion. Judgment affirmed, with costs. All concur. VANDERBECK, Respondent, v. TAYLOR et al., Appellants. (Court of Appeals of New York. Nov. 26, 1889.) Wm. A. Hewson, for appellant. Eugene H. Pomeroy, for respondent. No opinion. Judgment affirmed, with costs. All concur. See 47 Hun, 636. JONASCH, Respondent, v. STANDARD GASLIGHT CO. OF NEW YORK, Appellant. (Court of Appeals of New York. Nov. 26, 1889.) J. W. Hawes, for appellant. Geo. H. Yeaman, for respondent. No opinion. Judgment affirmed, with costs. All concur. See 4 N. Y. Supp, 542. ELLIS, Appellant, v. HOUSTON et al., Respondents. (Court of Appeals of New York. Nov. 26, 1889.) E.Countryman, for appellant. Hamilton Harris, for respondents. Judgment affirmed, with costs. All concur. See 4 N. Y. Supp. 732. WEIL v. DRY DOCK, E. B. & B. R. Co. (Court of Appeals of New York. Dec. 3, 1889.) No opinion. Motion to correct calendar granted, without costs. DORMAN, Respondent, v. BROADWAY R. Co. (Court of Appeals of New York. Dec. 3, 1889.) MARINE BANK OF BUFFALO v. BUTLER (Court of Appeals of New York. Dec. 3, 1889.) SWEENEY, Respondent, v. NEW YORK STEAM denied, without costs. Co., Appellant. (Court of Appeals of New York. Nov. 26, 1889.) V ETTERLEIN et al., Appellants, v. DEWEY E. A. Brewster, for respondent. W. Frothet al., Respondents. ingham, for appellant. No opinion. Judgment affirmed, with costs. All concur. See 4 N. Y. Supp. 790. (Court of Appeals of New York. Dec. 3, 1889.) Motion to open default. No opinion. Ordered that, on the return to this court of the remittitur in this case, the default be set aside on payment of $20 to the attorneys for the respondents, and the case placed on the present calendar for argument; printed copies of cases to be served within 10 days from December 5th, inst. The court below is requested to return the remittitur to this court. DOLE et al., Appellants, v. BELDEN, Respondent. (Court of Appeals of New York. Dec. 3, 1889.) No opinion. Motion to allow sureties to justify denied; $10 costs. DELAMATER et al. v. HEPWORTH et al. (Court of Appeals of New York. Dec. 3, 1889.) Jos. H. Choate, for motion. R. E. Prime and W. B. Ellison, opposed. Motion to correct remittitur and motion for reargument denied, with $10 costs of mo tion; but the remittitur shall be so amended | PEOPLE ex rel. PERRY, Appellant, v. STARK as to direct costs of the appeal in this court et al., Commissioners of Docks, Respondto be paid by the appellants to the executors ents. and trustees of Joseph Colwell. WOODWARD, Appellant, v. JAMES, Respondent. (Court of Appeals of New York. Dec. 3, 1889.) Motion to amend remittitur. Frank E. Smith and Geo. S. Stevens, for appellant. John A. Deady, for respondent. No opinion. Ordered that the remittitur be amended so as to read, "The judgment of the special tcrm is modified by striking out therefrom the words, the deficiency shall become a debt of the estate, to be paid by the executrix and trustee as other debts of the estate are to be paid;' inserting the words, 'such deficiency or excess beyond the moiety of income charged with their payment shall be charged upon the moiety of income given to the widow;'" and as modified affirmed, with costs to all parties who filed briefs on the appeal to this court; one bill only being allowed to each attorney or firm filing such briefs, payable out of the estate. Except as allowed by this order, the other motions made in the case are denied. See 44 Hun, 95. MCKINNEY, Respondent, v. LONG ISLAND R. Co., Appellant. (Court of Appeals of New York. Dec. 3, 1889.) No opinion. Motion to correct calendar granted, without costs. ABBOTT, Appellant, v. THOMAS, Respondent. (Court of Appeals of New York. Dec. 10, 1889.) Edward B. Whitney, for appellant. Cephas Brainerd, Jr., for respondent. No opinion. Appeal dismissed as of November 25, 1889, with costs. All concur. See 6 N. Y. Supp. 178. JAFFRAY et al., Appellants, v. SAUSMANN, Respondent. (Court of Appeals of New York. Dec. 10, 1889.) Isaac L. Miller, for appellants. Blumensteil & Hirsch, for respondent. No opinion. Order affirmed, with costs, on opinion of general term. All concur. See 5 N. Y. Supp. 629. PAGET, Appellant, v. PEASE et al., impleaded, etc., Respondents. (Court of Appeals of New York. Dec. 10, 1889.) D. C. Calvin, for appellant. Tuhn S. Melcher, for respondents. No opinion. Appeal dismissed, with costs. All concur. See 6 N. Y. Supp. 386. (Court of Appeals of New York. Dec. 10, 1889.) Solon P. Rothschild, for appellant. D. J. Dean, for respondents. No opinion. Appeal dismissed, with costs. All concur. See 4 N. Y. Supp. 820. VERNUM, Respondent, v. WHEELER, Appellant. (Court of Appeals of New York. Dec. 10, 1889.) Elon R. Brown, for appellant. John C. McCartin, for respondent. No opinion. Judgment affirmed, with costs, with leave to the defendant to answer within 20 days, upon payment of costs. All See 35 Hun, 53. concur. PEOPLE, Appellant, v. PROUT et al., Respondents. (Court of Appeals of New York. Dec. 10, 1889.) Benj. F. Dos Passos, for appellant. G. H. Crawford, for respondents. No opinion. Order affirmed on opinions below, with costs. All concur. See 6 N. Y. Supp. 457. MCKENNA, Respondent, v. BOLGER, Appellant. (Court of Appeals of New York. Dec. 10, 1889.) John McCrone, for appellant. E. Moore, for respondent. No opinion. Judgment affirmed, with costs. All concur, except PECKHAM, J., not sitting. See 1 N. Y. Supp. 651. AGNEW, Respondent, v. BROOKLYN CITY R. Co., Appellant. (Court of Appeals of New York. Dec. 10, 1889.) Saml. D. Morris, for appellant. Chas. J. Patterson, for respondent. No opinion. Judgment affirmed, with costs. All concur. See 5 N. Y. Supp. 756. PEOPLE ex rel. STAPLETON et al. v. BELL et al., Appellants. (Court of Appeals of New York. Dec. 10, 1889.) No opinion. Ordered that this cause be placed on the present calendar, advanced, and set down for argument on the merits for the morning of Tuesday, the second day of the January session. In re Goods and Chattels of WAACK. (Court of Appeals of New York. Dec. 17, 1889.) H. M. Geschneidt, for appellants. Henry A. King, for respondent. No opinion. Appeal dismissed, with costs. All concur See 5 N. Y. Supp. 522. COUSE, Appellant, v. NEW YORK, L. E. & VALENTINE, Respondent, v. LUNT, AppelW. R. Co., Respondent. (Court of Appeals of New York. Dec. 17, 1889.) GLAVIN, Respondent, v. SAVARESE et al., Appellants. lant. (Court of Appeals of New York. Dec. 17, 1889.) Motion to amend remittitur. No opinion. Ordered that remittitur be So amended as to give leave to the plaintiff to withdraw his demurrer to the second defense of defendant, Lunt, on payment to defendant's attorney, within 20 days, of all costs since the demurrer. pellant. (Court of Appeals of New York. Dec. 17, 1889.) | SECOR et al., Respondents, v. CLARK, ApThos. J. Molloy, for appellants. Patrick Keady, for respondent." No opinion. Judgment affirmed, with costs. All concur, except EARL, J., dissenting. FITZGERALD, Respondent, v. LONG ISLAND (Court of Appeals of New York. Dec. 17, 1889.) WAIT et al., Respondents, v. CERQUA et al., (Court of Appeals of New York. Dec. 17, 1889.) G. W. Cotterill, for appellant. Horace Secor, Jr., for respondent. No opinion. Motion for reargument denied; $10 costs. See 22 N. E. Rep. 754. HAMLIN, Appellant, v. WHEELOCK, Respond ent. (Court of Appeals of New York. Dec. 17, 1889.) No opinion. Motion to dismiss granted. See 42 Hun, 530. COLE v. FROST et al., Appellants, (METHODIST-EPISCOPAL HOSPITAL et al., Respondents.) (Court of Appeals of New York. Dec. 20, 1889.) Calvin Frost and James Troy, for appelHoward lants. Geo. G. Reynolds, for respondents. No opinion. Judgment affirmed, with (Court of Appeals of New York. Dec. 17, 1889.) No opinion. Judgment affirmed, with costs. All concur, except EARL, PECKHAM, costs. All concur. See 7 N. Y. Supp. 110. and GRAY, JJ., dissenting. See 4 N. Y. Supp. 308. WEST, Respondent, v. REYNOLDS et al., Ap- LOORAM, Respondent, v. THIRD AVE. R. Co., pellants. (Court of Appeals of New York. Dec. 17, 1889.) DAVIS SEWING-MACH. Co. OF WATERTOWN, No opinion. Dismissed on argument. See 1 N. Y. Supp. 510. SCHLUTER, Appellant, v. BOWERY SAV. (Court of Appeals of New York. Dec. 17, 1889.) John McCrone, for appellant. No opinion. Motion for reargument denied; $10 costs. See 22 N. E. Rep. 572. |