and 140 New York State Reporter PEOPLE v. ACKRON. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Proceedings by the people of the state of New York against Charles E. Ackron. No opinion. Motion to dismiss appeal denied, upon condition that appellant have his appeal ready for argument at the December term. Order filed. PEOPLE, Respondent, v. BRIGGS, Appellant. (Supreme Court, Appellate Division, Fourth Department. October 2, 1907.) Proceedings by the people of the state of New York against Charles M. Briggs. PER CURIAM. Judgment and order affirmed, with costs. MCLENNAN, P. J., dissents. PEOPLE v. BRYAN et al. (Supreme Court, Appellate Division, First Department. October 18, 1907.) Proceedings by the people of the state of New York against John Bryan and another. No opinion. Motion granted. Order filed. PEOPLE, Respondents, v. DI RUZZA, Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Proceedings by the people of the state of New York against Lucca Di Ruzza. No opinion. Judgment of conviction, and order of the County Court of Westchester county denying motion for new trial, affirmed. PEOPLE, Respondent, v. DUNHAM, Appellant. (Supreme Court, Appellate Division, Third Department. November 25, 1907.) Proceedings by the people of the state of New York against Ansel W. Dunham. PER CURIAM. Order affirmed. SMITH, P. J., not voting. KELLOGG, J., dissents, upon the ground that the county judge should resettle the case by certifying what actually took place upon the rendition of the verdict. state of New York against James O'Brien. No opinion. Motion granted. Order filed. PEOPLE v. WADE (Supreme Court, Appellate Division, First Department. October 18, 1907.) Proceedings by the people of the state of New York against Henry R. Wade. No opinion. Motion denied, on condition that appellant have his case ready for argument at the December term. Order filed. PEOPLE v. WEICK. (Supreme Court, Appellate Division, First Department. October 18, 1907.) Proceedings by the people of the state of New York against Margaret Weick. No opinion. Motion granted. Order resettled. PEOPLE ex rel. ALLEN, Appellant, v. BINGHAM, Com'r, Respondent. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Proceedings by the people of the state of New York, on the relation of James A. Allen, against Theodore A. Bingham, as commissioner. J. A. Allen, for appellant. T. Connoly, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. PEOPLE ex rel. FOGARTY v. CASSIDY. (Supreme Court, Appellate Division, First Department. October 18, 1907.) Proceedings by the people of the state of New York, on the relation of Lawrence Fogarty, against Joseph Cassidy. No opinion. Motion denied, with $10 costs. Order filed. PEOPLE ex rel. GAY, Appellant, v. BUTLER, Com'r, Respondent. (Supreme Court, Apnellate Division, First Department. November 22, 1907.) Proceedings by the people of the state of New York, on the relation of Harry G. Gay, against Edmond J. Butler, as commissioner. A. H. Scoble, for appellant. T. Connoly, Order affirmed, for respondent. No opinion. with $10 costs and disbursements. Order filed. PEOPLE ex rel. KELLY, Appellant. v. HEBBERD, Com'r, Respondent. (Supreme Court, Appellate Division, First Department November 8, 1907.) Proceedings by the people of the state of New York, on the relation of Edward J. Kelly, against Robert W. Hebberd, as commissioner. H. J. Goldsmith, for appellant. T. Connoly, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. PEOPLE ex rel. LOCKWOOD, Appellant, v. BUTLER, Com'r, Respondent. (Supreme Court, Appellate Division, First Department. November 22, 1907.) Proceedings by the people of the state of New York, on the relation of William Lockwood, against Edmond J. Butler, as commissioner. A. H. Scoble, for appellant. T. Connoly, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. PEOPLE ex rel. ROBESCH V. PRESI DENT OF BOROUGH OF QUEENS. (Su preme Court, Appellate Division, Second De-Lighting Company. No opinion. Judgment and partment. October 11, 1907.) Proceedings by order affirmed, with costs. the people of the state of New York, on the relation of Charles C. Robesch, against the president of the borough of Queens. No opinion. Motion to resettle order denied, with costs. PEOPLE ex rel. SCHWARTZ, Appellant, v. SMITH, Sheriff, Respondent. (Supreme Court, Appellate Division, Fourth Department. October 19, 1907.) Proceedings by the people of the state of New York, on the relation of Edward B. Schwartz, against James Smith, sheriff of Erie County. No opinion. Order affirmed, with costs. PEOPLE ex rel. SPAHN, Appellant, v. BUTLER, Com'r, Respondent. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Proceedings by the people of the state of New York, on the relation of Otto J. Spahn, against Edmond J. Butler, as commissioner. E. S. Griffing, for appellant. T. Connoly, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. PEOPLE ex rel. WILCOX, Appellant, v. CURTIS, Respondent. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Proceedings by the people of the state of New York, on the relation of Franklin A. Wilcox, against William H. Curtis, as clerk of arrears of taxes and assessments of the city of Mt. Vernon. No opinion. Order affirmed, with $10 costs and disbursements. PEOPLE ex rel. WILSON V. FLYNN, Warden. (Supreme Court, Special Term, New York County. October 2, 1907.) Habeas corpus by the people of the state of New York, on relation of Mary Wilson, against one Flynn, as warden of the city prison of the city of New York. Writ granted. Relator discharged. J. Haire, for relator. Robert S. Johnstone, Asst. Dist. Atty. for respondent. R. FORD, J. If I were permitted to enter the realm of conjecture I might dismiss this writ. I could, and indeed do, guess that the proceedings before the magistrate were entirely regular. But, owing to the slovenly manner in which the papers upon which I am asked to remand the relator were prepared, and their meaninglessness when scrutinized with that degree of care which should always be employed when the personal liberty of any one is concerned, I must sustain the writ and discharge the prisoner. POUND, Respondent, v. CONVERSE, Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Donald A. Pound against Harry L. Converse. No opinion. Judgment of the Municipal Court affirmed, with costs. POWELL, Appellant, v. ROACH, Respondent. (Supreme Court, Appellate Division, Second Department. October 18, 1907.) Action by John K. Powell, Jr., against John J. Roach. No opinion. Judgment of the Municipal Court affirmed, with costs. PRAY v. NEW YORK STATE NAT. BANK AT ALBANY. (Supreme Court, Appellate Division, Third Department. November 27, 1907.) Action by Alice E. Pray against the New York State National Bank at Albany. No opinion. Motion denied. PRENTICE, Appellant, v. SOMMER, Respondent. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by Westervelt Prentice against Maurice Sommer. No opinion. Motion for reargument denied, with costs. PRINCE LINE, Limited, Respondent, v. JOHN C. SEAGER CO., Appellant. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by the Prince Line, Limited, against the John C. Seager Company. L. Ullo, for appellant. J. M. Woolsey, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. (Su PUNSKY, Respondent, v. CITY OF NEW YORK, Appellant. (Actions 1 and 2.) preme Court, Appellate Division, Second Department. October 15, 1907.) Actions by Theodore Punsky against the city of New York. No opinion. Motions to dismiss appeals denied. PERRY, Respondent. v. BATES, Appellant. (Supreme Court, Appellate Division, First De- RAFF, Appellant, v. BAER, Respondent. (Supartment. November 22, 1907.) Action by Al-preme Court, Appellate Division, Second Devan W. Perry against Benjamin L. M. Bates.partment. October 18, 1907.) Action by Paul J. B. Stanchfield, for appellant. H. Taylor, Raff against Marie Baer. No opinion. Judgfor respondent. No opinion. Judgment and or- ment of the Municipal Court affirmed, with der affirmed, with costs. Order filed. costs. PIRONG, Respondent, v. SYRACUSE LIGHTING CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. November 13, 1907.) Action by Mary E. Pirong, administratrix, etc., against the Syracuse as RAHM, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. November 13, 1907.) Action by Theresa Rahm, as and 140 New York State Reporter administratrix, etc., against the New York Central & Hudson River Railroad Company. No opinion. Order denying plaintiff's motion for a new trial upon the minutes of the court affirmed, with costs. RAIFE, Respondent, v. SWITZER, Appellant (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Philip R. Raife against Andrew Switzer. No opinion. Order setting aside verdict and granting plaintiff's motion for a new trial affirmed, with costs. RANDEL V. FRANK. (Supreme Court, Appellate Division, First Department. October 18, 1907.) Action by Elias Randel against Louis Frank. No opinion. Motion granted. Settle order on notice. RANKIN v. BUSH et al. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by George C. Rankin, as receiver, against John J. Bush and others. No opinion. Motion denied, upon payment of $10 costs, and on condition that defendants have their appeal ready for argument at the December term. Order filed. RAY, Appellant, v. HEARD et al., Respondents. (Supreme Court, Appellate Division, Fourth Department. October 2, 1907.) Action by Lottie C. Ray against Ralph E. Heard and others, as executors. No opinion. Judgment affirmed, with costs. REALTY IRON WORKS v. HENNEY et al. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by the Realty Iron Works against John Henney, impleaded. No opinion. Motion to dismiss appeal granted, without costs. Order filed. REISS, Respondent, v. BOEHM et al., Appellants. (Supreme Court, Appellate Division, First Department. October 25, 1907.) Action by Samuel M. Reiss, as trustee, against Max S. Boehm and others. E. Goldmark, for appellants. W. M. Seabury, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. RHEIMS, Respondent, v. SHULDINER, Appellant. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by Cyrus Rheims against David Shuldiner. No opinion. Judgment and order of the Municipal Court affirmed, with costs. RICHARD DEEVES & SON, Respondent, v. MANHATTAN LIFE INS. CO., Appellant. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Richard Deeves & Son against the Manhattan Life Insurance Company. E. S. Rapallo, for appellant. J. Frankenheimer, for respondent. No opinion. Judginent and order affirmed, with Order filed. costs. In re RICHARDSON. (Supreme Court, Appellate Division, Third Department. November 13, 1907.) In the matter of the judicial settlement of the accounts of William A. Richardson, as administrator, etc., of Elizabeth McArthur, deceased. No opinion. Decree unanimously affirmed, with costs. RIDER, Appellant, v. BRITTON, Respondent. (Supreme Court, Appellate Division, Fourth October 19, 1907.) Action by Department. Clinton W. Rider against Margaret Britton. PER CURIAM. Order affirmed, with $10 costs and disbursements. Held that, it appearing by statements in appellant's brief that the cause was upon the calendar at the term at which the order was granted, the court in the exercise of its discretion had the right to make the order appealed from, independent of the provisions of rule 31 of the general rules of practice. SPRING, J., dissents, upon the authority of Ellensohn v. Keyes, 6 App. Div. 601, 39 N. Y. Supp. 774. In re ROBERTS. (Supreme Court, Appellate Division, First Department. June Term. 1907.) In the matter of Frederick R. Roberts. No opinion. Motion denied, with $10 costs. ROBINSON, Appellant, v. KELSO et al., Respondents. (Supreme Court, Appellate Division, Third Department. November 13, 1907.) Action by Susan F. Robinson against Caroline Kelso and Edna D. Jones, individually and as administratrix with the will annexed of the goods, etc., of John S. Kelso, deceased. PER CURIAM. Judgment (53 Misc. Rep. 89, 103 N. Y. Supp. 1098) affirmed, with costs. SMITH, P. J., and KELLOGG, J., dissent. In re ROCHE. BATES et al., Appellants, v. ROCHE et al., Respondents. (Supreme Court. Appellate Division, Third Department. September 26, 1907.) In the matter of the judicial settlement of the accounts of William J. Roche, as executor of the last will and testament of Henry T. Nason, deceased. Action by Eliza E. Bates and another against William J. Roche, as executor, etc., and others. No opinions. Motions denied. See 104 N. Y. Supp. 601, 1138. ROCK, Appellant, v. INTERNATIONAL PAPER CO., Respondent. (Supreme Court, Appellate Division, Third Department. November 27, 1907.) Action by Edgar Rock against the International Paper Company. PER CURIAM. Judgment affirmed, with costs. CHESTER and KELLOGG, JJ., dissent. ROCKWOOD v. NEW YORK CONTRACTING CO., NEW HAVEN IMPROVEMENTS. (Supreme Court, Appellate Division, Fourth Department. November 13, 1907.) Action by Martin D. Rockwood, as administrator, etc., against the New York Contracting Company, New Haven Improvements. No opinion. Motion denied, with $10 costs. In re RODGERS. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) In the matter of the application for the removal from office of John Rodgers, a justice of the peace of the town of Woodbury, Orange county, N. Y. No opinion. Application referred to Mr. N. Deyo Belknap, of Newburgh, N. Y., to hear and to report to the court, with his opinion. Order signed. ROEHRS. Respondent, v. MANHATTAN REFRIGERATING CO., Appellant. (Supreme Court, Appellate Division, First Department. November 22, 1907.) Action by Julius Roehrs against the Manhattan Refrigerating Company. W. H. Harris, for appellant. E. S. Hatch, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. ROGERS, Respondent, v. FRANKLIN MILLS CO., Appellant. (Supreme Court, Appellate Division, First Department. October 25, 1907.) Action by Richard J. Rogers against the Franklin Mills Company. G. S. Scofield, for appellant. T. M. Rowlette, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. ROONEY, Respondent, v. BROGAN CONST. CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 18, 1907.) Action by Margaret Rooney, as administratrix, etc., of John Rooney, deceased, against the Brogan Construction Company. No opinion. Judgment and order unanimously affirmed, with costs. See 95 N. Y. Supp. 1; 99 N. Y. Supp. 939. ROSCOE LUMBER CO., Appellant, v. REYNOLDS et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by the Roscoe Lumber Company against William H. Reynolds and another. No opinion. Appeal dismissed, without consideration, for the reason that the record fails to show that the case was settled by the justice of the Municipal Court before whom it was tried, as required by section 318 of the Municipal Court act (Laws 1902, p. 1581, c. 580). ROSE et al., Appellants, v. ROSE et al., Respondents. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by Joseph H. Rose and another against John B. Rose, individually and as trustee, etc., of John C. Rose, deceased, and others. No opinion. Judgment affirmed, with costs. ROSENBERG et al., Respondents, v. FRANKEL et al., Appellants. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by Charles Rosenberg and another against Rosa Frankel and another. No opinion. Judgment of the Municipal Court affirmed by default, with costs. ROSENTHAL v. EMPIRE BRICK CO. FISH v. HAHN. MORRIS v. BOARD OF EDUCATION. BEILIN v. WEIN. (Supreme Court, Appellate Division, First Department. October 18, 1907.) Actions by Joseph Rosenthal against the Empire Brick Company, by John J. Fish against Henrietta Hahn, by George Morris against the board of education, and by Joseph Beilin against Rosie Wein. No opinions. Applications granted. Order signed. In re ROSSELL. (Supreme Court, Appellate Division, Third Department. November 20, 1907.) In the matter of the judicial settlement of the accounts of Sarah J. Rossell, as one of the executors of Elizabeth Gamble, deceased, by Isaac S. Rossell and another, as executors of said Sarah J. Rossell, deceased. No opinion. Reargument ordered, and matter referred to Timothy L. Bush, referee, to take further evidence as to the payment of the $2,000 legacy to Mrs. Rossell, and to report such evidence to this court. ROSSENBACH, Respondent, v. SUPREME COURT I. O. F., Appellant. (Supreme Court, Appellate Division, Fourth Department. November 20, 1907.) Action by Thereso_Rossenbach against the Supreme Court of the Independent Order of Foresters. No opinion. Judgment and order affirmed, with costs. (Supreme ROWE et al. v. HOROWITZ. Court, Appellate Division, First Department. November 15, 1907.) Action by Margaret Rowe and another against Charlotte Horowitz. No opinion. Motion granted, with $10 costs. Order filed. In re RUPP et al. (Supreme Court, Appellate Division, First Department. November 8, 1907.) In the matter of Louis P. Rupp and others. PER CURIAM. Order (106 N. Y. Supp. 483) affirmed, with $10 costs and disbursements. Order filed. INGRAHAM and CLARKE, JJ., dissent. RUSSELL, Appellant, v. WALWORTH, Respondent. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by Edgar A. Russell against George S. Walworth. No opinion. Judgment and order of the Municipal Court affirmed, with costs. RUTHENBERG, Respondent, v. COLLINS et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. October 2, 1907.) Action by August W. L. Ruthenberg against Newton M. Collins and another. No opinion. Motion for leave to appeal to the Court of Appeals denied, with $10 costs and disbursements. and 140 New York State Reporter tion by Florence A. Ryan against the Central | ond Department. October 4, 1907.) Action by New York Telephone & Telegraph Company. PER CURIAM. Judgment and order affirmed, with costs. WILLIAMS, J., dissents. RYAN, Respondent, v. HALLIGAN, Appellant. (Supreme Court, Appellate Division, Third Department. November 13, 1907.) Action by Anna F. Ryan against John J. Halligan, executor, etc. No opinion. Judgment and order reversed, and new trial granted, with costs to appellant to abide event, unless the plaintiff stipulates, within 20 days, to reduce the verdict to $500, in which case judgment and order affirmed, without costs. RYAN v. HALLIGAN. (Supreme Court, Appellate Division, Third Department. November 27, 1907.) Action by Anna F. Ryan against John J. Halligan, as executor, etc., of Catherine Clark, deceased. No opinion. Motion de nied. RYAN, Respondent, v. PENNSYLVANIA COAL CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 4, 1907.) Action by John A. Ryan, as administrator, etc., of John J. Ryan, deceased, against the Pennsylvania Coal Company. No opinion. Judgment and order unanimously affirmed, with costs. SAMMARITANO, Respondent, v. INTERURBAN ST. RY. CO., Appellant. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Vincenzo Sammaritano against the Interurban Street Railway Company. B. H. Ames, for appellant. C. O. Maas, for respondent. PER CURIAM. Judgment and order affirmed, with costs. Order filed. LAUGHLIN and LAMBERT, JJ., dissent. SCHIEFER, Appellant, v. FREYGANG et al., Respondents. (Supreme Court, Appellate Division, First Department. November 8, 1907.) Action by Bertha Schiefer against Minna Freygang and others. L. M. Berkeley, for appellant. G. W. Files, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. (Su SCHLESINGER v. BUTCHER et al. preme Court, Appellate Division, First Department. October 18, 1907.) Action by Leo Schlesinger, as receiver, against Edward Butcher, impleaded. No opinion. Motion granted, with $10 costs. Order filed. SCHRADER. Respondent, v. ELIAS et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. October 16, 1907.) Action by John Schrader, an infant, etc., against Gabriel Elias and another. No opinion. Judgment and order affirmed, with costs. SCHULTZ, Respondent, v. YVELIN, Appellant. (Supreme Court, Appellate Division, Sec William Schultz against Cordelia E. Yvelin. No opinion. Judgment of the County Court of Nassau county affirmed, with costs. In re SCOTT'S ESTATE. (Supreme Court, ber 8, 1907.) In the matter of the estate of ReAppellate Division, First Department. Novembecca B. Scott, deceased. No opinion. Decree affirmed, with costs. Order filed. Court, Appellate Division, Second Department. (Supreme October 4, 1907.) In the matter of the application of the Sea Beach Railway Company to compel the payment of an award, etc., for opening Third avenue from Sixtieth street to the Shore Driveway, etc. No opinion. Order affirmed, with $10 costs and disbursements. In re SEA BEACH RY. CO. SELLECK, Appellant, V. BROOKLYN HEIGHTS R. CO., Respondent. (Supreme Court, Appellate Division, Second Department. October 11, 1907.) Action by Robert R. Selleck against the Brooklyn Heights Railroad Company. PER CURIAM. Judgment affirmed, with |