JOHN SPICKERMAN, Respondent, v. ADAM MCCHESNEY, as Executor, etc., Appellant. (Argued December 4, 1888; decided December 11, 1888.) APPEAL from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made the third Tuesday of November, 1886, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The prominent points presented in this case were disposed of on the ground that they related to questions of fact, as to which there was evidence sufficient to justify the findings, and so that the decision of the court below was conclusive. Other objections were disposed of on the ground that they were not raised on the trial. Edgar L. Fursman for appellant. G. B. Wellington for respondent. DANFORTH, J., reads for affirmance. Judgment affirmed. MARY FITZGERALD, Administratrix, etc., Respondent, v. THE CITY OF BINGHAMTON, Appellant. (Argued November 28, 1888; decided December 18, 1888.) APPEAL from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 20, 1886, which affirmed a judgment entered upon a verdict in favor of plaintiff. A. D. Wales for appellant. Edmund O'Connor for respondent. Agree to affirm; no opinion. All concur. Judgment affirmed. In the Matter of the Personal Estate of ELIZABETH R. WEST, Deceased. (Argued November 28, 1888; decided December 18, 1888.) APPEAL from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 20, 1886, which affirmed a decree of the surrogate of Oneida county revoking, as to Mary R. Jones, letters of administration issued to her and one Joseph E. West upon the goods, chattels and credits of Elizabeth R. West, deceased. D. C. Stoddard for appellant. William Kernan for respondent. Agree to affirm; no opinion. Judgment affirmed. In the Matter of the Accounting of MARY R. JONES, as (Argued December 3, 1888; decided December 18, 1888.) APPEAL from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made May 1, 1886, which affirmed so much of a decree of the. surrogate of Oneida county settling the accounts of Mary R. Jones, as administratrix of the estate of Elizabeth R. West, deceased, as allowed her costs, expenses and counsel fees in proceedings to remove her as administratrix. William Kernan for appellant. D. C. Stoddard for respondent. 66 Agree to dismiss appeal, with costs, on the ground that the allowance was discretionary;" no opinion. All concur. Appeal dismissed. THE PEOPLE ex rel. CARL SCHURZ et al., Appellants, v. FREDERICK COOK, Secretary of State, etc., Respondent. (Argued December 11, 1888; decided December 18, 1888.) MOTION to amend remittitur by stating therein the grounds of the decision upon papers showing the intent of the relator to appeal to the Supreme Court of the United States. George Zabriskie for motion. Charles F. Tabor, attorney-general, opposed Agree to deny motion on the ground that the relator can procure the transmission of a duly authenticated copy of the opinion of the court with the record for use by the United States Supreme Court." All concur. Motion denied. DAVID KAHNWIELER, Respondent, v. ANDREW J. SMITH, Executor, etc., Appellant. (Submitted December 10, 1888; decided December 21, 1888.) APPEAL from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made February 7, 1887, which modified a judgment in favor of plaintiff by excluding therefrom the costs of the trial, and affirmed the judgment thus modified. Butler, Stillman & Hubbard for appellant. George H. Yeaman and George F. Murray for respondent. Agree to affirm; no opinion. All concur. Judgment affirmed. PROCEEDINGS IN THE COURT OF APPEALS IN REFERENCE TO THE DEATH OF EDWIN O. PERRIN, LATE CLERK OF SAID COURT, WHO DIED Wednesday, DECEMBER 19TH, 1888. IN COURT OF APPEALS, ALBANY, N. Y., December 21, 1888. The court directs an entry on the minutes of the death of EDWIN O. PERRIN, Esq., for more than eighteen years the faithful clerk of this court, in which position he commended himself to the approval of the bench and bar, esteemed by all who knew him for his manly and attractive qualities. His death is sincerely mourned and the court on this sad occasion tender to his family its sincere sympathy. SICKELS-VOL. LXVL 87 |