Statement of the Case.

COMPTON, RESPONDENT, v. COMPTON, APPELLANT. Calendar practice—divorce.

Before SEDGWICK, Ch. J., and SPEIR, J.

Decided December 6, 1880..

In this action for the dissolution of the marriage contract on the ground of adultery, the cause was noticed for the special term and was put on the calendar for trial. When the case was called in its order upon the calendar, an application by the defendant was made to have the issues of adultery tried by a jury. The court granted the order under section 970 of the Code, and specified the issues to be tried. The order was made on the 18th of October, and directed that the cause be set down for trial on the 25th of October, upon the day calendar of that day, in part 3, trial term, of this court, without further application.

The appeal is from that part of the order fixing the time and place for trial.

The court, at General Term, said: "The order having been made by the court after the issues had been settled and the case on the calendar by notice, the court, we think, was invested with full authority for the trial of the cause. The disposition of the whole case was placed in the discretion and judgment of the trial judge, who had it in his power, at the time when the cause was called, to hear the issues of law either before or after the issues of fact had been determined, depending upon the situation and convenience of the parties. The case of Leslie v. Leslie (11 Abb. Pr. N. S. 311), is not in point, as no issues had been settled when the motion there was made to put the case on the calendar for trial."

Richard S. Newcombe, attorney, and Albert Cardozo, of counsel, for appellant.

Statement of the Case.

Maclay & Mudge, attorneys, and Wm. A. Beach, of counsel, for respondent.

Opinion by SPEIR, J.; SEDGWICK, Ch. J., concurred.

Order affirmed, with $10 costs.

ADOLPH QUETTING, APPELLANT, v. THE DRY DOCK, &c., R. R. CO., RESPONDENT.

Before SEDGWICK, Ch. J., SPEIR and RUSSELL, JJ. Decided December 6, 1880.

Appeal from a judgment entered upon a verdict of the jury, and from an order denying a motion for a new trial on the minutes.

A. H. Stoiber, attorney, and T. H. Smith, of counsel, for appellant.

Robinson & Scribner, for respondent.

PER CURIAM.-We see no ground, upon an examination of the evidence and the exceptions in this case, for interference with the verdict of the jury.

The judgment and the order appealed from must be affirmed, with costs.

ABRAHAM DE BEVOISE, ET AL., RESPONDENTS, 0. THE PROVIDENCE & STONINGTON S. S. Co., APPELLANT.

Before SEDGWICK, Ch. J., SPEIR and RUSSELL, JJ.

Decided December 6, 1880.

Appeal from judgment and from order denying motion for new trial on the minutes.

Opinion Per Curiam.

Wm. P. Dixon, attorney, and Wheeler H. Peckham, of counsel, for appellant.

Edwin Kempton, for respondent.

PER CURIAM.-We find that no errors were committed on the trial, and that the verdict is fully sustained by the evidence.

The judgment and order appealed from is affirmed, with costs.

THE LATE

CHIEF JUSTICE CURTIS. CHIEF-JUSTICE

At a General Term of the Superior Court of the city of New York, held at the Courthouse in the city of New York, on October 26, 1880.

Present:-Honorable JOHN SEDGWICK, Ch. J., HOOPER C. VAN VORST, GILBERT M. SPEIR, JOHN J. FREEDMAN, HORACE RUSSELL, JJ.

The court met relative to the death of the late ChiefJustice, WILLIAM E. CURTIS.

Hon. JOHN SEDGWICK, Ch. J., made the following remarks:

WILLIAM E. CURTIS, late Chief Judge of the Superior Court of the city of New York, died on July 6, A. d. 1880. He was born in Watertown, Litchfield county, in the State of Connecticut, on September 29, A. D. 1823. He became a judge of the court on January 1, A. D. 1872. The tenor of his life had been a happy preparation for that office. He was graduated at Washington College, now Trinity College, in Hartford, in July, 1843. The liberal studies he began there were continued by him, and through all his years gave him pleasure and elevation of thought. His experiences had been unusually varied and enlightening. The bias of his temperament turned him to the duties of life. He had not avoided any of them, and his performance of them had made him practically effective in his efforts. He had been an active member of