The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-21
Common PIE a..
E1l n

DEc 2O.-DEcIsross-THe Mayor &C. ada .antonfa
90 s IN TINS case was brought sgainst
Common Council on the 2sth Of October, 1884, request
ing the Mayor to odsr sioo 20 be paid on the conviction
attempting to vote Illegally at the then approaching
election o the 5th OF November
Tho Mayor approved and signed the resolution and In
pursuance thereof the 3lst of October published
notice in the newspapers, ohe ing reward OF 500 for
vote iega ly at said election. A man named stephen
Webb was arrested, charged with having attempted to
magstrates and at trial the General
Sessions, and gave testimony against him. He Low
upon his testimony Webb detected and convicted
The Corporation counsel demurred TO the declaration
taking several grounds the principal Of which are =
the alleged contract by the defendants with
the plaintiff is insnicently averred in ths declaration
and That the allegation that Webb attempted to vote
illegally, is not sufficient whether he did did not
vote, mixed question of law and fact and the facts
upon which this question might be judicially deter.
mined should have been stated in the dec SD
That the Mayor was the party VINO should have boon
CouRr.-Upon the whole it is clear that the plaintiff
must amend his narrative, and he may we'll avoid
many the objections OF form and substance as he ,n
il when the narrative Is thus amended the defendants
think t to renew the demurrer upon the points OF SUBJ
stance and thus to place their defence upon matters of
law. they will have the right do and may
further consider these poats We think the narrative
is deficient in its averments and requires amendment
And what have said upon the points Of substance
relating the pleading OF it, should be freed from all
objections to tn averments and matters OF form.
{, bbons, Witco1 aud Prirhard ads Tix0fhy H. MQin
In this cause, action brought by the plaintiff
(.ain) against the three defendants, promissory
putporng TO be made by them pay able to the
der Of the plaintiff for $3.50 The defendants pleaded the
general issrs and set defence fret that the
sideration given for the note illegal being the
sale a stall in Of the markets. which. it
tended. in violation OF Cooperation ordinances and
that defendant (Prichsrd) was partner There
verdict plainf and defendants moved to set it
side allegins 1t contrary to the weight Of evil
dence Upon the first part OF the defence the Court de-
cded that the evidence showed the given
the not only the occupa ion OF the stall but
the good will OF the customers, hich in itself,
good consideration. Upon the next point the evidence
Of Reynolds showed that Prchard HIM, ef ackno wledg
ed he partner and therefore, decided that tho
verdict should be confined with costs.
tVaddel assoc, re, Doneiiy.-rhis was an action
brought by plaintiff the general assoc in bankruptcy,
against defendant for debt due by defendant
70 Marshall Hammond bankrupts, for lumber furnish
ed by to defendant previous to their bankruptcy
The defence set up the trial set OF that da
endant gave the bankrupts his promssoy for the
lunbe hich they got cshed for the full
still outstanding and that part of the lumber
only furnished On the trial. non-suit was granted
under the direction OF the jud The plaintiff moves 10
aside the non-suit the ground that evidence
improperly admitted The Court decided that the
right in allowing nonsut NonsIit confirmed, with
costs.
John a. Collins ads The Shamrock Benevolent Soesty
Verde set aside New trial grantedcosts to abide the
event
The Court of Common Pleas will again SCI mex
Friday and Saturday, to hear Law arguments.