Page images
PDF
EPUB

BLOOD, Respondent, v. KANE, Appellant.

(Supreme Court, General Term, Fifth Department. June 22, 1889.)

For hearing on appeal, see 6 N. Y. Supp. 353.

Argued before BARKER, P. J., and DwiGHT and MACOMBER, JJ.

No opinion. Motion for reargument denied; leave to appeal to the court of appeals granted.

COLE, Appellant, v. ROBY, Respondent.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. Order affirmed, with costs.

COLLIGNOR, Appellant, v. MILLER, Respondent.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. No opinion. Order of special term reversed, with $10 costs and disbursements, on the ground that the court had no power to make such order.

In re HAND ST.

(Supreme Court, General Term, Fifth Department. June 22, 1889.)

See 6 N. Y. Supp. 766.

Argued before BARKER, P. J., and DWIGHT, J.

No opinion. Reargument granted as to constitutionality of Rochester city charter, relating to modification of award.

JACKSON, Respondent, v. STACE, Appellant.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBEB, JJ. No opinion. Judgment and order affirmed.

JONES, Respondent, v. CRUMB et al., Appellants.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, J.J. Judgment reversed, and new trial granted before another referee; costs of this appeal to abide the event.

In re KEEGAN'S WILL.

(Supreme Court, General Term, Fifth Department. June 22, 1889.)

For former report, see 3 N. Y. Supp. 959.

Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ.

No opinion. Ordered (1) that William Keegan, John Keegan, and Thomas and Michael Keegan, sons of Michael Keegan, and devisees under the will, be brought in as parties to this appeal, by service of notice of the surrogate's court on presentation of a will for probate; (2) that, on the due appearance of such persons as parties to this appeal, they have leave to apply to this court for an order directing the resettlement of the case herein.

LAMBERSON, Respondent, v. MCNAUGHTON, Appellant.
(Supreme Court, General Term, Fifth Department. June 22, 1889.)
Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ.
No opinion. Order affirmed, with $10 costs and disbursements.

LANGAN, Appellant, v. JACKSON, Respondent.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. No opinion. Motion denied.

LEONARD, Respondent, v. BROWN, Appellant.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. No opinion. Judgment affirmed.

MOORE, Respondent, v. MCCARTNEY, Appellant.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. No opinion. Judgment affirmed, with costs.

MATTHEWS, Respondent, v. POST, Appellant.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. No opinion. Judgment affirmed on the opinion of the referee.

PEOPLE, Respondent, v. DEAN, Appellant.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. No opinion. Default opened, and appeal restored.

PEOPLE, Respondent, c. MINK, Appellant.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. Judgment and conviction affirmed, and the case remitted to the court of Bessions of Monroe county to proceed thereon.

PEOPLE, Respondent, v. SMITH et al., Appellants.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ.

No opinion. Judgment and conviction affirmed, and case remitted to the court of sessions of Erie county to proceed thereon.

ROME, W. & O. R. Co., Appellant, v. CITY OF ROCHESTER, Respondent.
(Supreme Court, General Term, Fifth Department. June 22, 1889.)
Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ.
No opinion. Judgment and order affirmed, with costs.

In re SAYRE'S ESTATE.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) For hearing on appeal, see 3 N. Y. Supp. 388.

Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ.
No opinion. Motion for reargument granted.

SEVENTH-DAY BAPTIST EDUCATION SOC., Appellant, o. TRUMAN, Respondent.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. No opinion. Judgment affirmed.

THAYER, Respondent, v. MCNAUGHTON, Appellant.

(Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. No opinion. Order affirmed, with $10 costs and disbursements.

THOMPSON, Respondent, v. ROME, W. & O. R. Co., Appellant.
(Supreme Court, General Term, Fifth Department. June 22, 1889.)
Argued before BARKER, P. J., and MACOMBER, J.
No opinion. Judgment affirmed.

WHITMAN, Appellant, v. FOLEY et al., Respondents. (Supreme Court, General Term, Fifth Department. June 22, 1889.) Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. No opinion. Case ordered resettled, that it may appear whether all the evidence taken by the referee is contained in the record.

WYNKOOP et al., Respondents, v. OSBORNE et al., Appellants.
(Supreme Court, General Term, Fifth Department. June 22, 1889.)

Argued before BARKER, P. J., and DWIGHT and MACOMBER, JJ. No opinion. Court declines to consider the appeal, for the reasons stated in opinion of DWIGHT, J., in Palmyra v. Wynkoop, 6 N. Y. Supp. 62, (decided at the present term.)

LANE, Appellant, v. JACOBS, Respondent.

(Common Pleas of New York City and County, General Term. April 1, 1889.) PER CURIAM. After a re-examination of this case, we are of the opinion that the conclusion reached by us on the previous argument should not be dis

turbed. It does not appear that any substantial fact has been disregarded, or any point of law overlooked; and, adhering to the rule expressed in Curley v. Tomlinson, 5 Daly, 283, we think this application should be denied.

BURTINGTON, Respondent, v. STERNHARDT, Appellant.

(Common Pleas of New York City and County, General Term. May 16, 1889.)
Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ.
M. A Quinlan, for appellant. Klebroch & Marks, for respondent.
Judgment atfirmed, with costs.

CALHOUN, Respondent, v. HACKETT, Appellant.

(Common Pleas of New York City and County, General Term. May 16, 1889.) Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ. A. P. Wagner, for appellant. C. D. Cruikshank, for respondent.

Judgment reversed, new trial ordered, costs to abide event.

COHEN, Respondent, v. LOONIE, Appellant.

(Common Pleas of New York City and County, General Term. May 16, 1889.)
Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ.
P. C. Talman, for appellant. C. G. Macy, for respondent.
Judgment affirmed, with costs.

COHEN, Appellant, o. THON, Respondent.

(Common Pleas of New York City and County, General Term. May 16, 1889.)
Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ.
W. C. Holbrook, for appellant. E. F. Brown, for respondent.
Judgment affirmed, with costs.

DEAN, Respondent, v. Fox et al., Appellants.

(Common Pleas of New York City and County, General Term. May 16, 1889.)
Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ.
E. L. Mooney, for appellants. C. H. Preyor, for respondent.
Judgment affirmed, with costs.

DE PUY, Respondent, v. GILMORE, Appellant.

(Common Pleas of New York City and County, General Term. May 16, 1889.)
Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ.
F. Larkin, for appellant. Hyland & Zabriskie, for respondent.
Judgment modified, and as modified affirmed, without costs to either party.

FARRENGO, Appellant, v. SARACCO, Respondent.

(Common Pleas of New York City and County, General Term. May 16, 1889.)
Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ.
S. D. Seward, for appellant. A. C. Astarita, for respondent.
Judgment reversed, new trial ordered, costs to abide the event.

FLEMING, Respondent, v. EVERARD, Appellant.

(Common Pleas of New York City and County, General Term. May 16, 1889.)
Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ.
D. M. Newburger, for appellant. L. J. Conlan, for respondent.
Judgment affirmed, with costs.

FREYGANG v. STANTON.

(Common Pleas of New York City and County, General Term. May 16, 1889.) Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ. Judgment affirmed, with costs.

HEYDERMAN, Appellant, o. JENKINS, Respondent.

(Common Pleas of New York City and County, General Term. May 16, 1889.) Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ. D. Steckler, for appellant. J. F. Horan, for respondent.

Appeal dismissed, without costs.

HUBER et al., Appellants, v. RYAN et al., Respondents.

(Common Pleas of New York City and County, General Term. May 16, 1889.) Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ. Donald McLean, for appellants. J. F. McIntyre, for respondents. Judgment atfirmed, with costs.

JOHN, Respondent, v. BUTTERFIELD, Appellant.

(Common Pleas of New York City and County, General Term. May 16, 1889.)
Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ.
J. H. Atkinson, for appellant. P. C. Tallman, for respondent.
Judgment affirmed, with costs.

KELLY, Appellant, v. COLLINS, Respondent.

(Common Pleas of New York City and County, General Term. May 16, 1889.) Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ. Roe & Macklin, for appellant. Doherty, Dennison & Hendrik, for respondent.

Judgment affirmed, with costs.

KINNEY, Respondent, v. MILLER et al., Appellants.

(Common Pleas of New York City and County, General Term. May 16, 1889.)
Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ.
T. C. Cronin, for appellants. E. Coffee, Jr., for respondent.
Order affirmed, with costs.

KLEY . HEALY

(Common Pleas of New York City and County, General Term. May 16, 1889.) Argued before LARREMORE, C. J., and ALLEN and BOOKSTAVER, JJ. Judgment affirmed, with costs.

« PreviousContinue »