In the Matter of the Final Settlement of Clara R. Atkinson's Accounts as Administratrix, etc.- Order affirmed, with costs and disburse ments, Opinion by Pratt, J. Josephus N Goodfellow, Respondent, v. Royal L. Wolcott, Appellant.- Order reversed, with costs and disbursements, and motion denied. Opinion by Barnard, P. J.; Pratt, J., not sitting.

Richard Cahill, Plaintiff, v. Patrick Hickey, Defendant. Part of order appealed from affirmed, with costs and disbursements. Opinion by Dykman, J.

Margaret Murphy and another, Respondents, v. Mary Owen and others, Appellants. Order affirmed, with ten dollars costs and disbursements. Opinion by Dykman, J.; Barnard, P. J., not sitting.

Robert J. Smith, as Guardian, Respondent, v. Sigismund B. Wortman, as Executor, etc., Appellant.-Order vacating decree settling executor's accounts of Thomas Smith, deceased, reversed, with costs and disbursements. Opinion by Barnard, P. J.

The Trustees, etc., of the Town of Southampton, Respondent, v. The Mecox Bay Oyster Company, Appellant. - Judgment affirmed, with costs. Opinion by Barnard, P. J.; Pratt, J., dissenting.

Frank Abbott, Respondent, v. The New York, Lake Erie and Western Railroad Company, Appellant.-Judgment affirmed, with costs. Opinion by Barnard, P. J.

George W. Conselyea and others, Appellants, v. Dudley Blanchard and others, Respondents.Judgment affirmed, with costs Opinion by Dykman, J.

Henry G. Atwater, Appellant, v. Margaret G. Spader and another, Respondents. - Judgment affirmed, with costs. Opinion by Dykman, J. Henry A. Blake, Respondent, v. Isabella A. Corbitt, Appellant. Judgment of foreclosure of lien affirmed, with costs. Opinion by Pratt, J.; Dykman, J, not sitting.

Henry A Blake, Appellant, v. Richard Crowley, Respondent, Impleaded, etc.-Judgment dismissing complaint as to Crowley reversed and new trial as to Crowley granted, with leave to plaintiff to discontinue as to Crowley, without costs. Opinion by Pratt, J.; Dykman, J., not sitting.

Eliza W. Parkhurst, Sole Executrix, etc., Respondent, v. Robert H. Berdell and others, Appellants, Impleaded, etc.-Judgment affirmed, with costs. Opinion by Dykman, J. Irving Felter and another. Respondents, v. John Claffy, Appellant.-Judgment and order denying new trial affirmed, with costs. Opinion by Barnard, P. J.

Charles E. McDowell, Respondent, v. The New York and Sea Beach Railway Company, Appellant. - Motion denied, with ten dollars costs. Opinion by Barnard, P. J. George F. Albrecht, Plaintiff, v. Charles E. Davis, Defendant.-Judgraent affirmed, with costs. Opinion by Barnard, P. J. Thomas M. King and others, Respon lents, v. Reon Barnes. Appellant, Impleaded, etc.Judgment modified in accordance with opinion of Judge Pratt; order to be settled by him and otherwise affirmed, with costs. Opinion by Pratt, J.; Barnard, P. J., not sitting. Thomas M. King. Respondent, v. John H. Post, Appellant, Impleaded, etc.-Order affirmed. with costs and disbursements. Opinions by Dykman and Pratt, JJ.; Barnard, P. J., not sitting

Alice Palmer, Respondent, v. Benjamin T. Searing, Appellant, Impleaded, etc. Order overruling demurrer to complaint and judgment thereon affirmed, with costs. Opinion by Barnard, P. J; Pratt, J., not sitting. The Importers and Traders' National Bank of the City of New York and others, Appellants, v. Clarence Perine and others, Respondents.

Judgment affirmed, with costs. Opinion by Pratt, J.; Dykman, J., not sitting.

Emma Sproul v. Franklin Newman, Jr.-Motion for reargument granted, without costs. Opinion by Dykman, J.

Emma Nearpass and others, Appellants, v. Franklin Newman, Jr., Respondent.-Judg ment reversed and new trial granted, costs to abide event. Opinion by Barnard, P. J. Isaac P. Conklin, Respondent, v. Hiram Cooper, Appellant. Judgment modified by striking out sixty dollars from its amount, and modified affirmed, without costs. Opinion by Pratt, J.; Barnard, P. J., not sitting.

as

Marian L. Todd, Respondent, v, Annie C. Haeger, Appellant.-Judgment and order denying new trial affirmed, with costs. Opinion by Barnard, P. J.

Oliver Downs, Respondent, v. Maria Wells and another, Appellants. - Judgment and order denying new trial reversed, and new trial granted, costs to abide event. Opinion by Pratt, J.

Jane Corbett, Administratrix, etc., Appellant, v. The New York Central and Hudson River Railroad Company, Respondent. - Judgment and order denying new trial affirmed, with costs. Opinion by Barnard, P. J.

George R. Collyer, Respondent, v. Charles S. Collyer, Administrator, etc., Appellant. Judgment affirmed, with costs. Opinion by Pratt, J.; Dykman, J., not sitting.

Cornelius E. Kene, Executor, etc., Respondent, v. John J. McAdams, Appellant.-Judgment affirmed, with costs. Opinion by Dykman, J.; Barnard, P. J., not sitting.

Luther E. Mansfield, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.-Judgment affirmed, with costs. Opinion by Barnard, P. J.

Asa W. Parker, Appellant, v. Charles S. Baker, Respondent.-Judgment affirmed, with costs. Opinion by Dykman, J.; Pratt, J., not sitting. Amelia Gall, Respondent, v. Charles F. Gall and others. Appellants.-Judgment and order denying new trial, affirmed with costs. Opinion by Pratt, J.

The Stafford National Bank, Respondent, v. Emma K. Underwood, Appellant.-Judgment affirmed, with costs. Opinion by Earnard, P. J. Joshua C. Sanders, Respondent, v. Nathan Downs, Appellant. Judgment affirmed, with costs. Opinion by Dykman, J.

Cora E. Fiske, Respondent, v. Charles W. Bardeen, Appellant.-Order affirmed, with costs and disbursements. Opinion by Pratt, J.; Barnard, P. J., not sitting.

Empire Hook and Ladder Company, Respondent, v. The Phoenix Insurance Company and others, Appellants. Judgment reversed and new trial granted, costs to abide event. Opinion by Barnard, P. J.

Mary A. Wood, as Administratrix, etc., Respond-
ent, v. Alfred L. Simonson and another, Ex-
ecutor, etc., Appellants. - Order affirmed, with
costs and disbursements. Opimion by Barn-
ard, P. J.
Stephen H. Herrman and another Plaintiffs, v.
The Brooklyn, Flatbush and Coney Island
Railroad Company and others, Defendants.
Order affirmed, with costs and disbursements,
Opinion by Dykman J.; Barnard, P. J., not
sitting.

Elizabeth A. Jenness, Administratrix, etc..
Respondent, v. Andrew J. Constantine, Ap
pellant. Judgment and order affirmed, with
costs. Opinion by Barnard, P. J.
Henry Christie and another, Respondents, v.
Thomas Shankey and others, Appellants.
Judgment affirmed, with costs. Opinion by
Pratt, J; Barnard, P. J., not sitting
John R. Flanagan and another, Appellants v.
James Barker and others, Respondents. —
Judgment aflirmed, with costs. Opinion by
Barnard, P. J., Dykman, J., not sitting.

Louisa Weber, Administratrix, etc., Respondent, v. Herbert L. Bridgman and others, Appellants. Judgment reversed, and new trial granted, costs to abide event. Opinion by Barnard, P. J. Selah D. Seaman, Respondent, v. Herman Koehler, Appellant. Judgment and order denying new trial, and order denying new trial for newly discovered evidence afirmed, with costs of both appeals. Opinion by Dykman, J. Mary A. Ross, Appellant, v. John Duffy, Sheriff, etc., Respondent. - Order overruling demurrer to answer and judgment thereon affirmed, with costs. Opinion by Barnard, P. J.; Dykman, J., not sitting.

Ellen Mason, Plaintiff, v. James W. Prendergast, Defendant. Judgment affirmed, with costs. Opinion by Pratt, J.; Dykman, J., not sitting. George R. Bristor, Respondent, v. Stephen H. Burr, and others, Appellants.-Judginent affirmed, with costs. Opinion by Pratt, J.; Barnard, P. J., dissenting.

Constantine W. Benson, Appellant, v. Clara McNamee, Respondent. Judgment and orders reversed, with costs, to abide event. Opinion by Barnard, P. J.

William Emmeleuth, Respondent, v. The Home Benefit Association, Appellant. - Order overruling demurrer to complaint, and judgment thereon, affirmed, with costs. Opinion by Barnard, P. J.; Dykman, J., not sitting. Caroline Traum, Respondent, v. Simon Gun dersheimer, Appellant. -Judgment and order denying new trial affirmed, with costs. Opinion by Dykman, J.

Matter of Application of Charles Gertrum for a mandamus.-Order affirmed with costs and disbursements. Opinion by Pratt, J. John C. Campbell, Sr., Respondent, v. Henry Mandeville and others, Appellants.-Judgment affirmed, with costs. Opinion by Barnard, P. J.; Dykman, J., not sitting.

Eliza Baisley, v. The Rose Brick Company.Motion denied with ten dollars costs. Opinion by Barnard, P. J.

Joseph Sutherland v. Thomas Morris.-Motion denied with ten dollars costs. Opinion by Barnard, P. J.

Margaret Bohom v. The Port Jervis Gas Light Company. Motion denied with ten dollars costs. Õpinion by Barnard, P. J.

The Village of Port Jervis v. Barrett Bridge

Company. Motion denied, with ten dollars costs. Opinion by Barnard, P. J.

The Lehigh Stove and Manufacturing Company, Respondent, v. Edward B. Colby, Appellant. Judgment affirmed, with costs. Opinion by Pratt, J.; Barnard, P. J., dissenting. William Evans, v. The United States Life Insurance Company.-Order reversed with costs and disbursements, and motion denied. Opinion by Barnard, P. J.; Pratt, J., dissenting. Matter of Application of Staten Island Railroad to acquire land.-Order affirmed with costs. Daniel Dolan v. The Newburgh, Dutchess and Connecticut Railroad.-Judgment affirmed, with costs. Opinion by Cullen, J

Cassius M. Smith v. Elizabeth Smith and others. Judgment reversed and new trial granted, costs to abide event. Opinion by Justices Pratt and Cullen.

Samuel McElroy, Respondent, v. The Brooklyn Underground Railroad Company, Appellant.-Judgment affirmed, with costs. Opinion by Dykman, J.

Louise Zimmerman, as Executrix, etc., and Frederick Kraentler, as Executor, etc., Appellants, v. Emil Dieckerhoff and others, Respondents. Order appealed from reversed, with ten dollars costs to abide event, and appeal from first two orders dismissed, without costs, and without prejudice to pleadings. Opinion by Dykman, J.

James W. Dixon, Respondent, v. Henry W. Dixon, Appellant.-Judgment affirmed, with costs. Opinion by Dykman, J.; Barnard, P. J, not sitting.

John H. Smith, Respondent, v. John Satterlee and others, Appellants. Judgment affirmed, with costs. Opinion by Dykman, J.

Louis Abrams, an Infant, etc, Plaintiff, v. The Van Brunt Street and Erie Basin Railroad Company, Defendant. Order affirmed, with ten dollars costs and disbursements. Opinion by Dykman, J.

William Weaver, Appellant, v. Lewis L. Hutch ins, Respondent.-Judgment affirmed, with costs. Opinion by Dykman, J.; Barnard, P. J., not sitting.

Peter H. McNulty, Respondent, v. Louis J. Hoyt (or Heydt) and Pauline Heydt, Appellants. Judgment aflirmed, with costs. Opinion by Dykman, J., Barnard, P. J., concurred; Pratt, J., not sitting.

affirmed, without costs of this appeal to either party. Opinion by Haight, J. In the Matter of the judicial settlement of the accounts of Hiram W. Babcock and others as administrators of Thomas Dunn, Jr.- Decree affirmed with costs to the respondents payable out of the estate. Opinion by Bradley, J. Edward H. Avery, Respondent, v. J. Warren Mead, Appellant. Judgment reversed and new trial ordered; costs to abide event. Opin ion by Haight, J.

Aldice G. Warren as Receiver, etc., Appellants, v. Alanson Wilder and others, Respondents.Judgment reversed and new trial ordered with costs to abide event, unless the parties stipulate within thirty days to modify the judgment in accordance with the views expressed in the opinion, in which case the judgment as so modified is affirmed, with costs of appeal to the plaintiff. Opinion by Smith, P. J. Miles B. Riggs and others, Respondents, v. D. Rollo Warner, Appellant.-Judgment affirmed. Opinion by Bradley, J.

The People of the State of New York, Respondents, v. Antonio Minisci, Appellant. Judgment and order affirmed, and proceedings remitted to the Oyer and Terminer of Monroe county. Opinion by Smith, P. J.

The People of the State of New York, Respondents, v. William Sanborn and Willie Sanborn,

Appellants. Judgment and conviction affirmed. Dissenting opinion by Barker, J. Albina Ely, Respondents, v. Polly Padden, Appellant. Judgment aflirmed with costs. Opinion by Smith, P J.

Fritz Wagoner, Respondent, v. Lanson P. Stephens.-Order denying new trial aflirmed. Haight, J., not sitting.

Edward L. Thomas, Plaintiff, v. The Montauk Fire Insurance Company, Defendants.-Motion for new trial granted; costs to abide event. Opinion by Haight, J.

James H. Hughes, Respondent, v. The United Pipe Lines, Appellant.-Judgment afirmed. Opinion by Haight, J.

Charles II. Turner, Appellant, v. George S. Field and others, Respondents.-Order denying new trial affirmed. Opinion by Smith, P. J. George G. Moore, Appellant, v. George W. Batten, Respondent. Judgment and order reversed, and new trial granted; costs to abide event. Opinion by Barker, J.

W. S. Simpson, Appellant, v. Moses A. Shaw, as surviving partner, etc., Respondent.

John Cathcart, Appellant, v. Same, Respondent. First National Bank of Towanda, Appellant, v. Same, Respondent.-Portions of the order appealed from in each case reversed, and the further execution of the plaintiff's judgment stayed for ten days. Opinion by Bradley, J.; Haight, J., not sitting,