Arthur L. Baldwin, Respondent, v. David L. Hardenbrook, Appellant. Judgment affirmed, with costs. No opinion. All concurred.

Edmund F. Driggs, Appellant, v. The City of New York, Respondent.-There being no appeal by the defendant, the question whether or not, under section 308 of the Code of Criminal Procedure, the limit of $500 is intended to include all allowances for incidental expenses, etc., is not before the court. Judgment affirmed, with costs. All concurred. William J. Morgan, Appellant, v. Louise Gertrude Chittenden and Others, Respondents.

Order reversed, with ten dollars costs and disbursements, on the ground that the Special Term was without power to make said order. All concurred, except Bartlett, J., absent.

In the Matter of the Application of Isaac Cohen, Defendant in an Action for the Dissolution of a Partnership, Entitled “ Jacob Herman, Plaintiff, against Isaac Cohen and Others, Defendants," to Take Account of Receiver in said Action. The Lawyers' Surety Company of New York, Appellant; Isaac Cohen, Respondent.- Appeal dismissed, with ten dollars costs and disbursements. No opinion. All concurred. Charles A. Bloomingdale, Respondent, v. Adam M. Bennet and Merton E. House, Appellants. Order affirmed, with ten dollars costs and disbursements. No opinion. All concurred.

Henry H. Jackson and Others, as Executors and Trustees, etc., of Peter A. H. Jackson, Deceased, Appellants, v. "Maurice" E. Rowe (said first name "Maurice" being fictitious, etc.), Respondent.- Order affirmed, with ten dollars costs and disbursements. No opinion. All concurred.

In the Matter of the Application of the Edison Electric Illuminating Company of Brooklyn, Appellant, for a Peremptory Writ of Mandamus Directed to Edward M. Grout, as Comptroller of the City of New York, and Others, Respondents.- Order affirmed, with ten dollars costs and disbursements, on the authority of Matter of Smallwood (63 App. Div. 329). All concurred.

In the Matter of the Application of Samuel D. Laskey, for Admission to the Bar.- Application granted.

In the Matter of the Application of Keron F. Dwyer for Admission to the Bar.- Application granted.

In the Matter of the Application of William Payson Richardson for Admission to the Bar. Application granted.

In the Matter of the Application of De Forest Jetmore for Admission to the Bar.-Application granted.

In the Matter of the Application of William C. Heywood for Admission to the Bar.- Application granted.

Margaret O'Brien. Respondent, v. Thomas Manning, Executor, etc., Appellant.- Motion denied.

Barnard L. Steefel and Joseph L. Steefel v. Jacob Rothschild.- We know of no practice to justify this court in resettling the order, as requested by both sides. The questions which the parties desire reviewed can only be reviewed upon an appeal from final judgment, in accordance with our decision. Motion denied.

Robert L. Stewart, Respondent, v. Hydraulic Construction Company, Appellant.-Judg. ment affirmed, with costs. No opinion. All concurred.

Mary Ann Adams and Alfred D. Fohs, as Executors, etc., of Walter Adams, Deceased, Respondents, v. George Elwood, Appellant.Judgment affirmed, with costs. No opinion. All concurred.

[Vol. 72.

In the Matter of the Judicial Settlement of the Account of George E. Hallock, as Executor, etc., of Jeremiah Petty, Deceased, Respondent. Lillian E. Campfield, Appellant.-Decree of the Surrogate's Court of Suffolk county affirmed, with costs. No opinion. All concurred.

Pontus I. Thompson, Respondent, v. Emma A. Richardson, Appellant, Impleaded with Others. (Action No. 1.)- Order affirmed, on argument, with ten dollars costs and disbursements.

Pontus I. Thompson, Respondent, v. Emma A. Richardson, Appellant, Impleaded with Others. (Action No. 2.) — Order, affirmed on argument, with ten dollars costs and disbursements."

Jessie Suydam, Respondent, v. The Brooklyn Heights Railroad Company, Appellant - We think this judgment and order should be reversed for the erroneous charge that the plaintiff could recover something without proof of injury, which error, in our opinion, was not adequately corrected by the subsequent charge of the learned court. Judgment and order reversed and new trial granted, costs to abide the event. All concurred.

Peter S. Van Orden, Respondent, v. Mary Ledwith, Individually, etc., Appellant. - Order affirmed, with ten dollars costs and disbursements. No opinion. All concurred. Samuel Goldner, Appellant, v. Julius Horwitz, Respondent.- Örder affirmed, with ten dollars costs and disbursements. No opinion. All concurred.

Lillie E. Frost, Respondent, v. Clarence H. Frost, Appellant.-Order affirmed, with ten dollars costs and disbursements. No opinion. All concurred.

Florence H. Cocks, as Guardian of the Estate of Gerhard H. Cocks and Marian H. Cocks; Nettie Bierwith, Respondents, v. John L. Behm and Theodore B. Willis, Appellants, Impleaded with Others.- Judgment affirmed, with costs. No opinion. All

concurred.

George L. Gilham, Respondent, v. Charles A. Bloomfield, Appellant.- Judgment and order affirmed, with costs. No opinion. All concurred.

Michael H. Fitzgerald, Respondent, v. John H. Schults Company, Appellant, Judgment and order unanimously affirmed, with costs. No opinion. Robert Stahl and Another, Appellants, v. Samuel Sheindelman, Respondent.- Judgment of the Municipal Court affirmed, with costs. No opinion. All concurred. George W. Mooney, Respondent, v. The Ulrich Blank Book Manufacturing Company, Appellant.- Judgment of the Municipal Court affirmed, with costs. No opinion. concurred.

All

Richard Von Lehn, Jr., Appellant, v. Marie Baur and Gottlieb Baur, Respondents.-Judgment of the Municipal Court affirmed, with costs. No opinion. All concurred. August Reiss, Appellant, v. Town of Pelham, Respondent. Charles Weber, Appellant, v. Town of Pelham, Respondent.-Judgments and orders denying motion for a new trial unanimously affirmed, without costs, on the authority of Reiss v. Town of Pelham and Weber v. Town of Pelham (53 App. Div. 459). Leave to appeal to the Court of Ap peals granted. Order to be settled before Mr. Justice Hirschberg and question to be certified then determined.

William F. Hodge, Respondent, v. New York Electric Vehicle Transportation Company, Appellant.- Motion denied.

Hayward Cleveland, as Executor, etc., Appellant, v. Mary E. Pomeroy and Others, Respondents. Motion denied.

App. Div.]

In the Matter of the Application of Carolyn Dancel Heatherton for a Decree Directing Christian Dancel and Mary Dancel, as Administrators, etc., to Distribute to her her Distributive Share in the Estate of the Said Christian Dancel.- Motion denied. American Cheese Company, Appellant, v. Brooklyn Heights Railroad Company, Respondent.- Motion granted. Alfred S. Dickinson, Plaintiff, v. Florence M. Eastman, Interpleaded in the Place and Stead of the City of New York, Defendant. Motion granted, unless appellant pay ten dollars costs within five days, in which event motion denied and case placed at the foot of the present calendar.

Henry C. Slee, Respondent, v. The Kings County Savings Institution and Catherine Slee, Appellants.- Motion granted, unless appellants pay ten dollars costs within five days, in which event motion denied and case placed at the foot of the present calendar. Jane Coyne, Respondent, v. John Zeilmann. Appellant.- Motion to dismiss appeal granted, with ten dollars costs and disbursements, unless the appeal is perfected and brought on for argument Friday, June 6, 1902.

In the Matter of the Application of William Weiss for Admission to the Bar.- Application granted.

In the Matter of the Transfer Tax on the Estate of John L. Rogers, Deceased.-Order signed on stipulation.

Michael Cavený, Respondent, v. Louis G. Heilberger and Teresa Heilberger, his Wife, Appellants.- Judgment affirmed on stipulation, with costs.

In the Matter of the Application of George B. Waters, Appellant, for a Writ of Peremptory Mandamus, Directed to Bird S. Coler, as Comptroller of the City of New York, Respondent. Order affirmed, with ten dollars costs and disbursements. No opinion. All concurred.

Edward G. Montesi, Respondent, v. The Star Company and William R. Hearst, Appellants, Impleaded with Another.- Judgment and order unanimously affirmed, with costs. No opinion. All concurred, except Goodrich, P. J., who is of the opinion that the verdict should be reduced.

Samuel Bromberg, Appellant, v. Solomon Friend and Louis Schlesinger, Respondents. - Judgment affirmed, with costs. No opinion. All concurred.

John Enright, Respondent, v. American Belgian Lamp Company, Appellant.- Judg.

ment and order affirmed, with costs. No opinion. All concurred.

David Stevenson Brewing Company, Appellant v. Olga Rebecca Jordan, Respondent.Order affirmed, on the authority of Wagner v. Perry (51 Hun, 199), with ten dollars costs and disbursements. All concurred. John Clarke, Respondent, v. The Brooklyn Union Elevated Railroad Company and The Brooklyn Heights Railroad Company, Appellants. Judgment affirmed, with costs. No opinion. All concurred. Rose Weissboum, Appellant, v. David Guth, Respondent.- Order modified by inserting a provision requiring the defendant to pay the costs of the trial and all disbursements in the action to date, together with the costs of this appeal, all to be paid within twenty days from the entry of this order, otherwise order reversed and judgment directed on the verdict with costs and costs of this appeal. No opinion. All concurred. William A. Walker, Appellant, v. Hattie A. Walker, Respondent.- Order affirmed, with ten dollars costs and disbursements. No opinion. All concurred.

Mary Teresa Hughes, Respondent, v. Bartholomew Neville and Others, Appellants. Judgment affirmed, with costs. No opinion. All concurred.

Alfred Bornmann, Respondent, v. The Star Company, Appellant.-Judgment and order unanimously affirmed, with costs. No opinion.

Antoinette Crisfield, Appellant, v. William Olms, Respondent.-Judgment affirmed, with costs. No opinion. All concurred, except Hirschberg, J., dissenting, and Bartlett. J., not sitting,

George F. Pantzer, Respondent, v. Federal Cooperative Building and Loan Association, Appellant.-Judgment of the Municipal Court affirmed, with costs. No opinion. All concurred.

William W. Rudd, Respondent, v. J. Edwards Midgely, Appellant. - Judgment of the Municipal Court affirmed, with costs. No opinion. All concurred.

The People of the State of New York v. Commercial Bank. In the Matter of the Application of Thomas J. France, Appellant, for an Order Directing the Attorney-General, Respondent, to Bring in as Party Defendants the Various Stockholders of Said Bank.Order affirmed, with ten dollars costs and disbursements, on opinion of Mr. Justice Betts at Special Term. (Reported in 37 Misc. Rep. 16.) All concurred."