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HART et al., Appellants, v. OGDENSBURG & L. C. R. CO., Respondent. (Supreme Court. General Term, Third Department. September 15, 1893.) Action by William T. Hart and others against the Ogdensburg & Lake Champlain Railroad Company.

Argued before MÁYÅAM, P. J., and PUTNAM and HERRICK, JJ.

No opinion. Order modified so as to allow an appeal to the court of appeals. Motion for reargument denied. For decision on appeal, see 23 N. Y. Supp. 639,

SYKES, Appellant, v. TEMPLE, Respondent (Supreme Court. General Term, Third Department. September 15, 1893.) Action by Byron H. Sykes against Abram Temple. Argued before MAYHAM, P. J., and PUTNAM and HERRICK, JJ.

No opiniou. Motion denied, with costs. For decision on appeal, see 23 N. Y. Supp. 425.

BOWMAN, Appellant, v. KNOWLTON, Respondent. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Action by Mary J. Bowman against Isaac Knowlton.

No opinion. Order reversed, with $10 costs and disbursements. Held, the do fendant was not entitled to costs. See Johnston v. Catlin, 57 N. Y. 652.

CHAPMAN v. FOWLER. (Supreme Court, General Term, Fourth Department. September 23, 1893.)

Action by Frank B. Chapmau against Albert P. Fowler, as administrator of the goods, etc., of George F. Comstock, deceased.

No opinion. Motion denied.

CITY OF SYRACUSE, Respondent, v. CORNWELL, Appellant. (Supreme Court, General Term, Fourth Department. September 23, 1898.) Action the city of Syr use ainst John Cornwell. No opinion. Order affirmed, with $10 costs and disbursements.

COOLEY, Appellant, v. LOBDELL, Respondent. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Action by William Cooley against Gideon Lobdell.

No opinion. Order affirmed, with $10 costs and disbursements. See Mason v. Sanford, 137 N. Y. 497, 33 N. E. Rep. 546, which states a rule applicable to the case.

ECKERT. Respondent, v. KING, Appellant. (Supreme Court, General Term. Fourth Department. September 23, 1893.) Action by Peter Eckert against Lewis King. No opinion. Judgment atfirmed, with costs.

FIRST NAT. BANK OF WATKINS, Respondent, v. SMITH. Appellant. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Action by the First National Bank of Watkins, N. Y., against O. Park Smitb.

No opinion. Order affirmed, with $10 costs and disbursements. See Adriance v. Lagrave, 59 N. Y. 110: People v. Cross, 64 Hun, 348, 19 N. Y. Supp. 2il, affirmed 135 N. Y. 536, 32 N. E. Rep. 246.

FRENCH, Respondent, v. ROW et al., Appellants. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Action by George G. French against Susan Row and others. No opinion. Motion granted, with $10 costs.

HOUSE, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent (Supreme Court, General Term, Fourth Department. September 23, 1893.)

Action by Louis House against the New York Central & Hudson River Railroad Company.

No opinion. Motion denied.

JONES, Respondent, v. PENNOCH et al., Appellants. (Supreme Court, General Term. Fourth Department. September 23, 1893.)

Proceeding by Phæbe Jones against Etta Pennoch and another, administrators, etc.

No opinion. Decree of the surrogate's court affirmed, with costs of the appeal against appellants personally.

LIVINGSTON. Respondent, v. PHELPS, Appellant (Supreme Court, General Term, Fourth Department. September 28, 1893.) Action by Charles Livingston against Clarence Phelps.

No opinion. Order affirmed, with $10 costs and disbursements. Pickert v. Bunkey, 65 Hun, 623, 21 N. Y. Supp. 477, and cases there cited.

McCARTHY v. THOUSAND ISLAND PARK ASS'N. (Supreme Court, General Term. Fourth Department. September 23, 1893.) Action by Charles McCarthy against the Thousand Island Park Association.

No opinion. Motion for leave to appeal to the court of appeals denied. See 23 N. Y. Supp.

mem.

MARTIN, Respondent, v. MANUFACTURERS' ACCIDENT INDEMNITY

CO., Appellant. (Supreme Court, General Terin, Fourth Department. September 23, 1893.) Action by Eliza A. Martin against the Manufacturers' Accident Indemnity Com. pany.

No opinion. Judgment and order affirmed, with costs. For former reports. see 15 N. Y. Supp. 309; 20 N. Y. Supp. 302.

MERCANTILE NAT. BANK OF HARTFORD, Respondent, v. JENKINS,

Appellant. (Supreme Court, General Term, Fourth Department September 23, 1893.)

Action by the Mercantile National Bank of Hartford, Conn., against Rebecca C. Jenkins.

No opinion. Order reversed, with $10 costs and disbursements. See section 1676, Code Civil Proc.

In re MOSHEIR, Justice of the Peace. (Supreme Court, General Term, Fourth Department. September 23, 1893. ; Application to remove Louis E. Moshier, a justice of the peace of the town of Horseheads.

No opinion. Order to show cause, etc., granted.

OZMUN, Respondent, v. LOOMIS et al., Appellants. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Action by Diana Ozmun against Louis A. Loomis and others.

No opinion. Order affirmed. with $10 costs and disbursements. The appellant is granied leave to comply with the order of the special term within 10 days from service of the order of affirmance.

PEOPLE, Respondent, v. HILL, Appellant. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Indictment against Samuel P. Hill for murder in the second degree.

No opinion. Order tiled with the clerk of Oneida county. For former reports, see 3 N. Y. Supp. 564; 8 N. Y. Supp. 940; 20 N. Y. Supp. 187.

PEOPLE, Appeliant, v. SULLIVAN, Respondent. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Action by the people against Patrick Sullivan.

No opinion. Judgment reversed. and the demurrer overruled, and the clerk of Oneida county directed to enter judgment, and a certified copy of the entry remitted to the clerk of Onondaga county, and proceedings remitted to the court of sessions of Onondaga county, pursuant to sections 547, 518, Code Crim. Proc.

PEOPLE ex rel. DAVIS, Appellant. v. EXCISE BOARD OF TOWN OF

OWEGO, Respondent. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Certiorari by Burr J. Davis to review the action of Charles F. Truman and others, as commissioners of the board of excise of the town of Owego, in refusing to grant to relator a license to sell intoxicating liquors. The proceeding was dismissed. (23 N. Y. Supp. 913,) and relator appeals.

No opinion. Order affirmed, with $10 costs and disbursements.

ROSS, Appellant, v. GLEASON et al., Respondents. (Supreme Court, General Term, Fourth Department. September 23, 1893.)

Action by Augustus Ross, executor, etc., impleaded, against De Witt A. Glex. son and others.

No opinion. Order affirmed, with $10 costs and disbursements. See 5 N. Y. Supp. 954.

SHARPSTEIN, Respondent. v. DAVIS, Appellant. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Action by John J. Sharpstein against Frank L. Davis.

No opinion. Judgment and order reversed on the exceptions, and a new trial ordered, with costs to abide the event.

TOBEY, Respondent, v. REYNOLDS, Appellant. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Action by Henri C. Tobey, as sole overseer, etc., against Samuel F. Reynolds. No opinion. Order atfirmed, with $10 costs and disbursements.

WAGER. Respondent, v. SLAUGHT, Appellant. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Action by Mary L. Wager against Morris Slaught, impleaded. No opinion. Judgment affirmed, with costs.

WAIT, Respondent, v. SMITH, Appellant. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Action by William H. Wait against O. Park Smith. No opinion. Order affirmed, with $10 costs and disbursements.

WATSON, Appellant, v. BLATCHLEY et al., Respondents. (Supreme Court, General Term, Fourth Department. September 23, 1893.) Action by Henry L. Watson against G. Ambrose Blatchley and others. No opinion. Order affirmed, with $10 costs and disbursements.

YORK et al., Respondents, v. CONDE et al., Appellants. (Supreme Court. General Term. Fourth Department. September 23, 1893.) Action by Anson E. York and another against William W. Conde and others.

No opinion. Judgment and order affirmed, with costs. See 15 N. Y. Supp. 380; 20 N. Y. Supp. 961.

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