Volume 77 — New York Supreme Court Reports

Appeal by the petitioner, Charlotte Ewer, from an order made at the New York Special Term of the Supreme Court, at Chambers, and entered in the office of the clerk of the city and county of New York on the 27th day of July, 1892, overruling her demurrers to the returns to writs of habeas corpus and certiorari issued upon her petition, and dismissing the writs and remanding the petitioner to custody.

Appeal by 1116 petitioner, Benjamin D. Stevens, from an order made by a justice of tbe Supreme Court, at the New York Special Term, at Chambers, and entered in the office of the clerk of the city and county of New York on the 16th day of September, 1892, overruling the petitioner’s demurrer to the returns to writs of habeas corpus and certiorari issued on his petition, and dismissing the writs and remanding the petitioner to custody.

Submission of a controversy without action, upon an agreed statement of facts under section 1279 of the Code of Civil Procedure.

Appeal by Edward P. Barker and others, composing the board of tax commissioners of the -city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the city and county of New York on the 20th day of January, 1893, setting aside an assessment for the purposes of the personal taxation of the relator for the year 1891.

Appeal by the defendant, the Germicide Company of New York, from an order of the Supreme Court, made at the New York Special Term at Chambers, upon the plaintiffs’ motion, and entered in the office of the clerk of the city and county of New York, on the 15th day of May, 1893, directing the defendant to produce its books of account, at its place of business, for the inspection of the plaintiffs, or their' accountant.

Appeal by the defendant, the Marshall Infirmary in the city of Troy, N. Y., from a judgment of the Supreme Court, entered in the clerk’s office of the county of Rensselaer on the 4th day of March, 1892, and also from an order entered- in said clerk’s office, denying a motion for a new trial made upon the minutes of the court.

Appeal by tlie defendant, Edwin G-. Moore, as trustee for E. Gr. Moore & Co., J. W. Tuttle & Co., Nichols & Co., W. B. Mooers & Co., and William M. Foote, Wallace H. Foote and Philip V. N. MacLean, as executors of the last will and testament of Isabel MaeL.

Appeal by tbe plaintiff, Orrando P. Dexter, from an order of tbe Supreme Court, entered in the office of tbe clerk of tbe county of Franklin on tbe 14th day of January, 1893, directing tbe said county clerk to strike from tbe judgment roll filed in bis office in this action tbe original answer served herein, verified tbe 29th day of May, 1890, and tbe order of this court granted tbe 3d day of February, 1891, or copies thereof, and that neither of said papers or copies…

Appeals by the plaintiff, tbe Board of Education of Union Free School District No. 1 of the town of Waterford, and by the defendants, the First National Bank of Richfield Springs, John D. Henderson as receiver, etc., Richard J. Williams and Edward Manogue, from a judgment of the Supreme Court, entered in the office of the clerk of Saratoga county on the Jth day of January, 1893, upon a decision of the court rendered after a trial before the Saratoga Circuit Court without a…

Appeal by the plaintiff, Eugene Gardner, from a judgment of the County Court of Columbia county in favor of the defendants, entered in the office of the clerk of that county on the 27th day of March, 1893, reversing, upon appeal, a judgment of a justice of the peace in favor of the plaintiff. The action was brought to recover the value of two barrels of flour, property of the plaintiff, alleged to have been converted by the defendants.

Appeal by tbe plaintiffs, William A. Fullerton and Willis F. Mould, from a judgment of the Supreme Court dismissing the complaint, entered in the office of the clerk of Franklin county on the 20th day of June, 1892, upon a decision of the court, rendered after a trial, by the court, without a jury.