The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-09-08
Law lntelligcnce.

SUPREME CoyRr-SEpr. 7-lN EaUIrY-Before Judge
Council Of the city of New York-In this cause q mo
ton made on the part Of the plaintiff yesterday
morning for Injunction to restrain the defendants
from drawing certain sums Of money out OF the City
Treasury The plaintiff caused his bill to be fled In the
Court OF Chancery in the month Of March last which
holder of the city and county of New York. and is the
owner OF large quantity Of real property therein to
the amount Of several thousand dollars which he Is
annually taxed by the laws Of this State to
large amountthat the amount assessed on his proper
for the year 1896 exceeds the sum of $OOtha the
aggregate amount well the ratio Of the taxes
and levied annually had been greatly increased
every succeeding year for several years that
such and taxes have been greatly
by various appropriations Of the public moneys Of the
city and county for and purposes Of expenditure
to said city-that under pretence Of the
thorty the 18th section Of the Of $780, the de.
PENDANTS in the practice Of frequently appropriatng
large of money from the City Treasury to other
objects those Of city expenditure and defray
penses not legally chargesble to the city and county Of
not sustained or been put
to- that the oath Of December last ordinance
passed the Board Of Aldermen which was concurred
In by the Board Assistants appropriating sum Of
$4,000 for the benefit of the first regiment Of the New
York State Volunteers under command OF Col. Ward
Burnett and that said sum was paid over
to said Col Burnett for the of the regiment which
Mr. Adriance by his BILL insists to have been wholly un
by the laws of this State and in violation
of the compainants rights and of the rights Of the
other taxpayers Of the city The bill states that In the
year ls40 two additional Judges were appointed to sit
Board OF Aldermen, who were er cticio Supervisors
of the county Of New York. made no appropriation
for payment of the salary Of James Lynch Esq
Of said Associate Judges but actually refused to pay the
aame that after such gect and REFUSAL the people OF
the State by their Attorney General instituted suits
against the several persons who were then
as aforesaid to from them respectively the
penal Of $780, for the violation and neglect OF their
STATE and jadments for said penalties were accord
ngy recovered against said several supervisors that
they afterwards appealed from the decision OF the Su-
thA Catprf ~ and oth ind
ments affirmed with costs. That said Supervisors
in tho month Of January last, applied 10 the Board OF
Aldermen to make ordinance to pay the amount OF
said out of the city treasury together with
the of defending said several suits. That upon
such application the then Common Council or mso'
Ter to pay the amount of the several judgments
against said with costs counses rees &C.
aud further stated that he apprehensve the resou
ton would pass the Board Of Assistants DO signed by
the Mayor, and that the moneys therein mentioned
amounting over $4,000 would be paid out OF the city
treasury the therein specified unless the
thorty of the court be eposed TO prevent su,h illegal
expenditure Of the public money, and concluded by
praying that the said Mayor aldermen and commonay
may eDjoned and RESTRAINED by preliminary ms well
perpetual Injunction from sppropriat'ng expendins
paying out any money OF the said city OF New York
under by virtue Of the resolution adopted by the
Board of Aldermen, on the LIST OF March, lsa7. The
care moved yesterday morning by Mr. X. Mott
His Honor took the papers with him. and this morning
that he had doubts whether the had
jurisdiction not but rs the bill was taken as con-
fessed he thought he was bound to grant perpetual
Injunction Injunction granted
SUPREME CouRr, Sept 7-Present, Justices Cady, Mo
Coun and Hurlbut-The court met to-day, and after
hearing parte motions proceeded to call the calendar
Gii,nour ads Spiss.-Mr Crest heard on the part
of defendant and Mr.. O'Conor on behalf OF plantin
Judgment reserved
SAITH Vs. Carr.-Mr E. c. Gray WAS heard for plain
tif and MIR. II. w. Robinson for defendant. Judgment
reserved.
Halliday Us Nobie.--The argument In this cause was
not concluded when the court adjourned
UNITED STATES CiRcUrr CouRr, Sept 7.-Before
Judge Nelson ngston Steamboat ErPress. $c.
Testimony In this closed to-day on both sdes,
after which counsel for respondents ed summing
up The cause will occupy the entire OF Tomorrow,
(this day.
UNITED STATES DnrRIor CouRT, Sept. Judge
Belts presiding September term Of this court COM
which the grand panel was called over, and quorum
having appeared, the grand jury was sworn in. His
Honor briefly addressed them after which they retired
and soon after returned with true bill against Charles
Madden, charged with assaultng with dangerous
pom There are but eight the calen-
dar all minor offences, except the case Of Marselles,
charged with puroining letters out of the Post Office
Tia Stang and Others vs. the Chinese Junk.-Mr.
Lord behalf Of the plaintiff, moved the court
for leave to file libel against the Junk for seamen
wages and for subsistence money, until the plain.
tiffs had opportunity OF returning home; and
also that said libel may be- filed without compelling the
besnts to file security for costs Order granted on
condition that belants prosecutor and advocate do net
charge costs
COMMON September 7.--Before Judge DAILY
Richard Decker Us Elisha Buchanan. was an
action Of replevin brought to test the title OF the parties
to cargo Of oysters The plaintiff and one Richard
Corson and another person. In partnership In the
syster trade, each partner to have third II alleged
by plaintiff that he purchased C0rsona share In tho
Germ by which he became the owner OF two thirds The
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