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PEOPLE v. William J. DELAMATER. (Su- / as to the sufficiency of the Indictment if tha: preme Court, Appellate Division, First Depart- question had been raised on the trial. All conment. December 8, 1916.) Motion granted.cur; De Angelis, J., not sitting. Order filed.

The PEOPLE of the State of New York. The PEOPLE, etc., Respt., v. Eric J. ERICK- applts., v. Fred KINGSLEY, respt. (Sapress SON, Applt. (Supreme Court, Appellate Divi- Court, Appellate Division, Third Department sion, First Department. January 26, 1917.) December 28, 1916.) Judgment and order ubati. Judgment and orders affirmed. No opinion. mously affirmed, with costs. Order filed.

The PEOPLE of the State of New York, se PEOPLE v. Ferdinand ESPOSITO. (Su

spondents, v. Samuel KLEINHOLTZ, apoi preme Court, Appellate Division. First Depart. ond Department. December 15, 1916.). Jats.

lant. (Supreme Court, Appellate Division, see December 22, 1916.) Motion granted.

ment of conviction of the Court of Special Seso Order filed.

sions reversed on argument, and new trial of

dered. Jenks, P. J., and Carr, Stapleton, Mills, The PEOPLE of the State of New York, and Rich, JJ., concur. respts., v. Michael FITZGERALD, impleaded with others, applt. (Supreme Court, Appellate Division, Third Department.

The PEOPLE of the State of New York, an

December 28, 1916.) Appeal dismissed on the authority of pellants, v. Frank KOEPERSKI and others

, te

spondents. People v. Zerillo, 200 N. Y. 443, 93 N. E.

(Supreme Court, Appellate In 1108. All concur, except Howard and Wood- sion, Second Department. December 30, 1916)

Motion denied. ward, JJ., dissenting.

PEOPLE V. Jacob GUTTENBERG. (Su The PEOPLE of the State of New York, men preme Court, Appellate Division, First Depart- spondents, v. Herman LEO, appellant (87 ment. January 26, 1917.) Motion granted. preme Court, Appellate Division, Second Ilo Order filed.

partment. December 15, 1916.) Judgment of

conviction of the Court of Special Sessions TE PEOPLE of the State of New York, respt., fact, by whom the defendant was convicted

versed, and defendant discharged. The triers v. Louis HYMAN, applt. (Supreme Court, Appellate Division, Fourth Department. Decem

were not unanimous in the finding of defen) ber 6, 1916.) Judgment of conviction affirmed ant's guilt. It is the duty of this court to re under the provisions of section 542 of the Code defendant's guilt was not established beroad a

We are of opinion that the of Criminal Procedure. All concur.

reasonable doubt. Jenks, P. J., and Tbomas The PEOPLE of the State of New York, re- Carr, Mills, and Putnam, JJ., concur. spondents, v. William JAMES, appellant. (Supreme Court, Appellate Division, Second De The PEOPLE of the State of New York, re partment. December 30, 1916.) Judgment of spondents, v. John McGRATH, appellant. $ conviction and orders of the County Court of preme Court, Appellate Division, Second Ile Dutchess County affirmed. No opinion. Staple- partment. December 30, 1916.) Motion de ton, Mills, Rich, and Putnam, JJ.,

nied. Carr, J., not voting.

The PEOPLE of the State of New York, re PEOPLE of the State of New York, respt., spondents, v. John McPHERSON, appellant. V. JAMESTOWN ELECTRIC MILLS, Inc., (Supreme Court, Appellate Division, S439 applt. (Supreme Court, Appellate Division, Department. December 30, 1916.) Motiva Fourth Department. January 10, 1917.) Mo- granted. Settle order on notice. tion to dismiss appeal denied, without costs. PEOPLE V. Ringland F. KILPATRICK.

PEOPLE v. Owen V. MADDEN. (Supreme (Supreme Court, Appellate Division, First De Court, Appellate Division, First Departmezt partment. December 8, 1916.) Motion granted. December 22, 1916.). Motion granted, unless Order filed.

appellant complies with terms of order. One

filed. PEOPLE of the State of New York, respt., v. Christopher A. KILTS, applt. (Supreme The PEOPLE of the State of New York, re Court, Appellate Division, Fourth Department, spondents, v. George MINKOWITZ, appellar December 6, 1916.) Judgment of conviction re- (Supreme Court, Appellate Division, Second I versed upon the law and facts and a new trial partment. December 30, 1916.) Judgment of granted. Held: (1) That the finding that the conviction of the County Court of Kings Comoy defendant willfully and knowingly swore falsely reversed and new trial ordered, because of the is against the weight of the evidence. (2) That violation of defendant's constitutional rights the court erred in admitting evidence that the calling his attorney and trial counsel to the defendant's creditors relied upon statements con- witness stand, and, in the presence of the jury, tained in the affidavit that defendant was worth demanding that he produce certain incrimin:'$10,000. (3) That the court erred in charging ing papers. People v. Gibson, 218 X. Y. 70,113 the jury upon the question of good character. N. E. 730. In People v. Dolan, 186 N. Y. 4, 79 (4) That a serious question would be presented 'N. E, 509, relied on by respondents, no such as

concur.

concur.

the rojection was raised or passed upon, either dur PEOPLE v. Carl A. ROTH. SAME v. Salen uding the trial or in the reviewing courts. Jenks, vatore DI MURO. (Supreme Court, Appellate

P. J., and Thomas, Stapleton, and Putnam, JJ., Division, First Department. January 12, concur. Carr, J., not voting.

1917.) Motions granted. Orders filed. LET ME. The PEOPLE of the State of New York, re

The PEOPLE of the State of New York, 1. TE spondents, y, George MINKOWITZ, appellant.

(Supreme Court, Appellate Division, Second De respondents, v. James RUSSO, appellant. (Supartment. January 19, 1917.) Motion granted, preme Court, Appellate Division, Second Dewithout costs.

partment. January 12, 1917.). Judgment of

conviction of the Court of Special Sessions afThe PEOPLE, etc., Respt., v. Mollie MO- / firmed. No opinion. Jenks, B. J., and Thomas, ROSS, Applt. (Supreme Court, Appellate Divi- Stapleton, Rich, and Putnam, JJ., sion, First Department. January 26, 1917.) Judgment afirmed. No opinion. Order filed.

The PEOPLE of the State of New York,

respondents, v. Margaret H. SANGER, Ethel The PEOPLE of the State of New York, Byrne and Fannie Mindell, appellants. (Surespt., v. The NEW YORK CENTRAL & HUD- preme Court, Appellate Division, Second DeSON RIVER RAILROAD COMPANY, applt. partment. December 11, 1916.) Motion to (Supreme Court, Appellate Division, Third De- dismiss appeal from order entered December 5,

partment. January 12, 1917.) Judgment and 1916, granted, and stay vacated, under authori. Ric order unanimously affirmed, with costs.

ty of People v. Mascola, 174 App. Div. 360, 160

N. Y. Supp. 940, decided September 29, 1916. PEOPLE v.

OLLIE WONG. (Supreme Jenks, P. J., and Carr, Mills, Rich, and Putnam, Court, Appellate Division, First Department. JJ., concur. January 26, 1917.) Motion granted. Order filed.

The PEOPLE of the State of New York, re

spondents, v. Harry SCANLON, appellant. The PEOPLE, etc., Respt., v. William L. (Supreme Court, Appellate Division, Second DeOWEN, Applt. (Supreme Court, Appellate partment. December 22, 1916.) Judgment Division, First Department. December 29, of conviction, and order, reversed, and a new 1916.) "Judgment aflirmed. No opinion. Order trial granted, upon the ground that there is filed.

not sufficient corroborative evidence. Jenks, P.

J., and Thomas, Carr, Stapleton, and Putnam, The PEOPLE of the State of New York, JJ., concur. respondents, y. William POWERS, appellant. (Supreme Court, Appellate Division, Second The PEOPLE v. Charles A. SCHAEFER. Department. December 30, 1916.) Motion de- (Supreme Court, Appellate Division, First Denied.

partment., January 12, 1917.) Motion denied.

Order filed. The PEOPLE of the State of New York, respondents, V. John W. READY, appellant, The PEOPLE of the State of New York, re(Supreme Court, Appellate Division, Second spondents, v. Joseph TORTORA and Morris Department.

January 19, 1917.) Judgment Hoffman, appellants. (Supreme Court, Appelof conviction of the County Court of West- late Division, Second Department. January 5, chester County reversed and a new trial ordered, 1917.) Judgment of conviction of the Court upon the ground of error in receiving the testi- of Special Sessions affirmed. See People v. mony of Miss Wilber of the history of the com- Solomon, 174 App. Div. 144, 160 N. Y. Supp. plainant's alleged relations with the defendant 942. Jenks, P. J., and Carr, Stapleton, Mills, and others, which was not voluntary complaint and Rich, JJ., concur. or related to the res gestæ, but mere narration reluctantly made to Miss Wilber by reason of her inducing questions. It is also suggested The PEOPLE of the State of New York, that upon another trial competent evidence of respt., v. Edward VALIANT and Paul Carroll, complainant's declarations of parentage of her applts. (Supreme Court, Appellate Division, child be admitted, unless the People shall dis- Third Department. December 28, 1916.) Judgclaim intention to impute the same to the de- ment of conviction unanimously affirmed. fendant. It is considered that the facts justified submission to the jury of the question whether the defendant was guilty of the crime The PEOPLE of the State of New York, of incest. Jenks, P. J., and Thomas, Stapleton respondents, Albin WALLA, appellant. and Putnam, JJ., concur.

Carr, J., not voting. (Supreme Court, Appellate Division, Second De

partment. December 22, 1916.) Judgment of The PEOPLE of the State of New York, re- conviction of the County Court of Kings County spondents, y. Edward Bishop REDMOND, ap- reversed, and new trial ordered, on account of pellant. (Supreme Court, Appellate Division, errors at folio 181. Upon a new trial the people Second Department. January 19, 1917.) Mo- should be able to present more definite evidence tion to dispense with printing the record on ap- that the defendant was married on January 4, peal denied, except as to the exhibits (including 1916, although the reversal is not based upon the record of the trial of Barker v. Barker), insufficiency of the present evidence in that the originals of which may be submitted on regard. Thomas, Stapleton, Rich, and Putnam, the hearing.

JJ., concur. 162 N.Y.S.-72

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The PEOPLE of the State of New York, re The PEOPLE, etc., ex rel. John J. FLEN spondents, v. John WHALEN, appellant. (Su- ING, respondent, v. Claire O'Neil FLEU preme Court, Appellate Division, Second De: appellant. (Supreme Court, Appellate Dirndl partment. December 30, 1916.) Judgment of Second Department. December 30, 1916.) Vir conviction of the County Court of Suffolk County tion to dismiss appeal granted, without costs. reversed, as contrary to the weight of evidence, and new trial ordered. Jenks, P. J., and Sta PEOPLE ex rel. John J. HEANEY, BE pleton, Mills, and Rich, JJ., concur.' Carr, J., v. Arthur WOODS, as Police Com'r., Ren not voting.

(Supreme Court, Appellate Division, First in

partment. December 22, 1916.) Writ dismis PEOPLE of the State of New York, respt., and proceedings affirmed, with $50 costs are v. William H. WILLIAMS, applt. (Supreme

disbursements. No opinion. Order filed. Court, Appellate Division, Fourth Department. December 6, 1916.) Judgment of conviction and the relation of Frederick W. HEINRICI

The PEOPLE of the State of New York orders affirmed, All concur, except Foote, J., who dissents.

respt., v. Eugene M. TRAVIS, as Compras of the State of New York, applt. (Susier

Court, Appellate Division, Third Department The PEOPLE, etc., ex rel. Daniel H. BAY- January 9, 1917.) Motion denied. LIS, respondent, v. The BOARD OF SUPERVISORS OF NASSAU COUNTY et al., re The PEOPLE, etc., ex rel. John J. HICES spondents; Elmont Cemetery, Inc., intervener- relator, v. Abel' E. BLACKMAR, as Jasi appellant. (Supreme Court, Appellate Division, of the Supreme Court, etc., defendant.is Second Department. December 15, 1916.) The preme Court, Appellate Division, Second Dens action of the board of supervisors under section ment. January 19, 1917.) It appears by 19 62 of the Membership Corporation Law was answering affidavit that the justice, barna not judicial, but legislative, and is not subject discretion regarding his calendar, marked : to review by writ of certiorari. People ex rel. cause off for the term in view of the probu: O'Connor v. Supervisors, 153 N. Y. 370, 47 duration of the trial. This did not deprive N. E. 790. Order reversed, with $10 costs parties of their right, under section 90 of and disbursements, and motion denied without Code of Civil Procedure, to a trial in Kings er costs. Thomas, Carr, Stapleton, Mills, and ty at a following Special Term. Motion for se Rich, JJ., concur.

of mandamus denied, with $10 costs. The PEOPLE, etc., ex rel. William C. A: Applt., v. William W. WOTHERSPOON

PEOPLE ex rel. William T. JORDAN BROWER, respondent, V. The BOARD OF SUPERVISORS OF NASSAU COUNTY et Superintendent of Public Works, Respt al., respondents; Elmont Cemetery, Inc., in- preme Court, Appellate Division, Fourth is tervener-appellant. _ (Supreme Court, Appellate

partment. January 16, 1917.) Motion Division, Second Department. December 15,

dismiss appeal denied. Order (94 Misc. Re 1916.) The action of the board of supervisors 419, 157, N. Y. Supp. 923) affirmed, with under section 62 of the Membership Corporation

costs. All concur. Law (Consol. Laws, c. 35) was not judicial, but legislative, and is not subject to review by ET, appellant, 'v. John T. FETHERST

The PEOPLE, etc., ex rel, David G. LEGI writ of certiorari. People ex rel. O'Connor v. Supervisors, 153 N. Y. 370, 47 N. E. 790. Or: as Commissioner of Street Cleaning, etc., der reversed, with $10 costs and disbursements, another, respondents. (Supreme Court, Ap. and motion denied, without costs. Thomas,

late Division, Second Department. Jan 23, Carr, Stapleton, Mills, and Rich, JJ., concur.

19, 1917.) Order affirmed, with $10 costs 1.

disbursements. No opinion. Jenks, P. J., L. The PEOPLE ex rel. CITY REAL ESTATE J., not voting.

Stapleton, Mills, and Rich, JJ., concur. Car: CO. v. Lawson PURDY. (Supreme Court, Appellate Division, First Department. January 26, 1917.) Motion granted, unless appellant v. John P. MITCHEL et al., Respts. (Sap:43

PEOPLE ex rel. Thomas MURPHY, Ap.. complies with terms of order. Order filed.

Court, Appellate Division, First Departat

January 12, 1917.) Order affirmed, with sie PEOPLE ex_rel. EMPIRE LEASING co. costs and disbursements. No opinion. Order V. MECCA REALTY CO. (Supreme Court, filed. Appellate Division, First Department. December 8, 1916.) Motion denied, with $10 costs. PEOPLE ex rel. Isabel W. G. REED, Resot Order filed.

v. NATIONAL ORDER OF THE DACLE

TERS OF ISABELLA et al., Applts. The PEOPLE, etc., ex rel. Fannie EPSTEIN, preme Court, Appellate Division, Fourth In relator, v. George PATTEN, Acting Detective partment. January 16, 1917.) Motion to é Sergeant, etc., respondent. (Supreme Court, miss appeal granted, unless appellants file e Appellate Division, Second Department. Jan- serve brief by February 1, 1917. uary 19, 1917.) Motion to dismiss appeal denied, on condition that appellant perfect the PEOPLE ex rel. ROCHESTER, SYRACTS appeal, place the case on the March calendar, & EASTERN R. R. CO., applt., v. Daniel V and be ready for argument when reached ; RONEY et al., as Board of Assessors of T#! otherwise, motion granted.

of Montezuma, respts. (Supreme Court, Appe

Nate Division, Fourth Department. December , Court, Appellate Division, Fourth Department.

), 1916.) Judgment and order afirmed with January 16, 1917.) Order affirmed with costs. 11.osts. All concur.

All concur.

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PEOPLE ex rel. Ernest RUESTOW, Respt., The PEOPLE'S NATIONAL BANK OF V. BOARD OF EDUCATION OF N. Y., Applt. BROOKLYN IN NEW YORK, appellant, v. Supreme Court, Appellate Division, First De- George T. EGBERT et al., respondents. (Supartment. January 12, 1917.) Order reversed, preme Court, Appellate Division, Second Dewith $10 costs and disbursements, and motion partment. December 30, 1916.) Judgment denied, with $10 costs, on the authority of unanimously affirmed, with costs. No opinion. People ex rel. Davison v. Williams, 213 Ñ. Y. 130, 107 N. E. 49, and People ex rel. Buck v. Clarence PERINE, Respt., v. Vito SILVESWilliams, 217 N. Y. 681, 112 N. E. 1070. Order TER, impld., Applt. '(Supreme Court, Appellate filed.

Division, First Department. December 22,

1916.) Judgment affirmed, with costs. No opinThe PEOPLE, etc., ex rel. Margaret H. SAN

lion. Order filed. GER et al., appellants, v. WARDEN or Keeper, ei etc., respondent. (Supreme Court, Appellate Di Frank L. PERLEY v. Lee SHUBERT (two

vision, Second Department. December 30, cases). Henry B. SIRE v. SAME (two cases). 1916.) Motion for stay denied.

(Supreme Court, Appellate Division, First De

partment. December 22, 1916.) Motions grantThe PEOPLE, etc., ex rel. Henry P. TU-ed, with $10 costs. Orders filed. THILL, as County Treasurer, etc., respondent, v. Riley P. HOWELL, as Supervisor, etc., ap Edith PERRIGO, an infant, etc., respt., v. pellant. (Supreme Court, Appellate Division, The CITY OF FULTON, applt. (Supreme Second Department. December 30, 1916.) Mo- Court, Appellate Division, Fourth Department. tion denied on condition that defendant perfect December 6, 1916.) Judgment and order afthe appeal, place the case on the January calen- firmed with costs. All concur. dar, and be ready for argument when reached; otherwise, motion granted, with $10 costs.

Samuel PETRUCH V. Frank O'CALLAG

HAN. The PEOPLE, etc., ex rel. Henry P. TU

(Supreme Court, Appellate Division,

First Department. December 22, 1916.) ApTHILL, etc., respondent, v. Riley P. HOWELL,

Order signed. as Supervisor, etc., appellant. (Supreme Court, plication denied, with $10 costs. Appellate Division, Second Department. January 19, 1917.) Motions denied, without costs. In the matter of the petition of James P.

PHILLIP for an extension of time on the sale PEOPLE ex rel. John F. TWISS v. George of mortgaged premises under judgment of foreH. BELL. (Supreme Court, Appellate Division, closure in the action of William PALMATIER, First Department.

December 22, 1916.) Mo- as substituted trustee, etc., plff., v. The CATStion granted with $10 costs. Order filed. KILL MOUNTAIN RAILWAY COMPANY

et al., defts. (No. 1.) William Palmatier, as PEOPLE ex rel. Rosalie WEISER, Applt., substituted trustee, etc., plff.-respt., Addison v. St. George B. TUCKER et al., Respts. (Su-P. Jones, as substituted trustee, etc., deft.-respt.,

James P. Phillip, petitioner-applt. (Supreme preme Court, Appellate Division, First Department. December 8, 1916.) Order affirmed, with Court, Appellate Division, Third Department. $10 costs and disbursements. No opinion. "Or- December 28, 1916.) Order (95 Misc. Rep. 709, der filed.

160 N. Y. Supp. 49) unanimously affirmed, with

$10 costs and disbursements. The PEOPLE, etc., ex rel. George WERNER, relator, v. Arthur WOODS, as Police Com- PHILLIP for a resale, etc., of mortgaged prem

In the matter of the petition of James P. missioner of the City of New York, respondent. ises under judgment of foreclosure in the ac[(Supreme Court, Appellate Division, Second De- tion of William PALMAȚIER, as substituted

partment. December 30, 1916.) Writ sustain; trustee, etc. plff., v. The CATSKILL MOUNed, determination annulled, as not supported TAIN'RAILWAY COMPANY et al., defts. by a preponderance of the evidence, and rela- (No. 2.) William Palmatier, as substituted trustor reinstated, with $50 costs and disburse

tee, etc., piff.-applt.-respt. Addison P. Jones, ments. Jenks, P. J., and Thomas, Carr, Mills, as 'substituted trustee, etc., deft.-applt.-respt. and Putnam., JJ., concur.

James P. Phillip, petitioner, respt.-applt. (Su

preme Court, Appellate Division, Third DepartPEOPLE ex rel. Charles WHITFIELD, re- ment. December 28, 1916.) Order (95 Misc. lator, v. Louis P. FUHRMANN, as Mayor, etc., Rep. 709, 160 N. Y. Supp. 49) affirmed with et al., defts. (Supreme Court, 'Appellate Divi- $10 costs and disbursements. All concur, except sion, Fourth Department. January 3, 1917.) Kellogg, P. J., and Cochrane, J., dissenting. Determination confirmed and writ dismissed, without costs. All concur.

In the matter of the application of James P.

PHILLIP to read additional affidavits on his PEOPLE ex rel. John E, WILCOX, Applt., motion for an extension of time, etc., on the V. R. Andrew HAMILTON, as Commissioner of sale of mortgaged premises under judgment of Public Safety, and one, Respts. (Supreme | foreclosure in the action of William PALMA

TIER, as substituted trustee, etc., plff., v. The ment affirmed, with costs. No opinion. Jag CATSKILL MOUNTAIN RAILWAY COM. P. J., and Thomas, Stapleton, Rich, and Fam PANY et al., defts. (No. 3.) William Palma- nam, JJ., concur. tier, as substituted trustee, etc., plff.-respt. Addison P. Jones, as substituted trustee, etc., deft. PRIME HAT CO. v. HOLZMAN COHEN U respt. James P. Phillip, petitioner-applt. (Su-co. (Supreme Court, Appellate Division. I. . preme Court, Appellate Division, Third Depart Department. December 8, 1916.) Applicacia ment. December 28, 1916.) Order unanimous- denied, with $10 costs. Order signed. ly affirmed, with $10 costs and disbursements. See, also, 95 Misc. Rep. 709, 160 N, Y. Supp. 49. Hannah O. PRITCHARD and one, resta

apnlts., v. Simeon H. MARTIN et al., apo In the matter of the petition of James P. respts. (Supreme Court, Appellate Divent PHILLIP to vacate a judgment of foreclosure Fourth Department. December 6, 1916.) JE entered in an action in this court entitled Wil- ment affirmed without costs of this appeal liam PALMATIER, as substituted trustee, for either party. All concur. De Angelis, J., 26 the benefit of the holders of first income bonds sitting. secured by a certain mortgage executed by the Catskill Mountain Railway Company, plaintiff, PROGRESSIVE CONST. CO. F. Reetsi v. The CATSKILL MOUNTAIN RAILWAY H, SAYRE. (Supreme Court, Appellate 17 COMPANY et al., defendants. (No. 4.) Wil- sion, First Department. December 8, 19144 liam Palmatier, as substituted trustee, etc., plff.- Motion denied, with $10 costs. Order filed respt. Addison P. Jones, as substituted trustee, etc., deft.-respt. James P. Phillip, petitioner PROGRESSIVE CONSTRUCTION CO. 1, applt.

(Supreme Court, Appellate Division, Reginald H. SAYRE. (Supreme Court, AME Third Department. December 28, 1916.) Order late Division, First Department.

Dece (95 Misc. Rep. 709, 160 N. Y. Supp. 49), unani- 22, 1916.) Motion granted, without costs. U mously affirmed, with $10 costs and disburse- der filed. ments.

PROGRESSIVE CONSTRUCTION CO. Charles PIERCE, respt., v. G. W. SMITH Reginald H. SAYRE. (Supreme Court, Ap> Co., arpit. (Supreme Court, Appellate Division, late Division, First Department. December Fourth Department. December 6, 1916.) Judg. 1916.) Motion granted on terms stated in or ment and order affirmed with costs. All concur. der. Order filed.

PLYMOUTH GARAGE, Inc., Applt., Paula PROKOP, Respt., v. Andrew LITE James B. SHANLEY and one, Respts. (Su- ER, Applt. (Supreme Court, Appellate D. preme Court, Appellate Division, Fourth De- sion, First Department. December 22, 192 partment. January 16, 1917.) Order affirmed, Order modified, by imposing, as a conditia with $10 costs and disbursements. All concur. opening the default, the payment within See, also, 170 App. Div. 61, 156 N. Y. Supp. 23. days of the costs as taxed, $83.02, and, as De

fied, affirmed, without costs. No opinion. & Nicholas POLICASTRO

Chas. S. tle order on notice. SPRAGUE (two cases). _ (Supreme Court, Appellate Division, First Department. January Jaroslav RADDA, Respt., v. Anna RADIA 12, 1917.) Motions denied, with $10 costs. Or- Applt. (Supreme Court, Appellate Divis. ders filed.

First Department. December 22, 1916) 0:

reversed, with $10 costs and disbursements, Daniel E. POMEROY v. HOCKING VAL motion granted to extent stated in order..! LEY R. R. CO. (Supreme Court, Appellate opinion. Order filed. Division, First Department. December 22, 1916.) Motion denied, with $10 costs. Or

In the Matter of the Estate of Gere? der filed.

RALPH, deceased. (Supreme Court, Aprel

Division, Fourth Department. January Edwin M. POST and another, Respts., v.

1917.) Motion for leave to appeal to Court Charles A. HAMILTON, impld., Applt. (two Appeals denied; see Terwilliger v. Broms cases). (Supreme Court, Appellate Division, King Co., 207 N. Y. 479, 101 N. E. 463. First Department. January 26, 1917.) Orders affirmed, with $10 costs and disbursements. No

Benjamin M. RASTALL, respt., v. Lewis D. opinion. Orders filed.

SAMPSON, applt. (Supreme Court. Appel?

Division, Third Department January 9, 1917 POSTAL TELEGRAPH CABLE CO., Applt., Motion denied. v. TONOPAH & TIDEWATER R. R. CO., Respt. (Supreme Court, Appellate Division, Frank RAVOLD, respondent, F. Her First Department. January 26, 1917.) Deter- HAMM, defendant;' Louise J. Hamm, at: mination and judgment aflirmed, with costs, and ministratrix, etc., appellant. (Supreme Creme leave to appeal to the Court of Appeals denied. Appellate Division, Second Department. Je No opinion. Order filed.

ary 12, 1917.). Judgment affirmed, with our

In case the judgment and costs should be pun Marion E. PRIME, appellant, V. ALAPRI | the judgment creditor should convey the TRADING COMPANY, and others, respond to the heirs at law of Hamm, deceased. ents. (Supreme Court, Appellate Division, Sec- opinion. Jenks, P. J., and Thomas, Stapleta ond Department. December 30, 1916.) Judg- | Rich, and Putnam, JJ., concur.

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