The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-18
Supreme Court-Gen.rnl Term.

DECEMBER 1e.-The People, er. rel Moore, as The
tero,o,i to- annul the CORPORATION erSiuance f,y
building aeewer in John street. and all subsequent pro-
ceedpgs The case argued at the last general
term. The following is the opinion of the court ds
Hvered by Mr.. Justice Strong fay concur in the
opinion expressed by Chief Justice Nelson, in Elmeu-
dorfe The Mayor of New York Goth Wend 500,
that estimate Of the expense should be made before
the contracts were entered into or the work com
mepced. That relative to street,; but the
rue as matter ofexpediepcy is equally applicable to
proceedings under h part of the statute authorizing
the construction of sewers 1t not, however, de-
cid,d in that case it at ell uferabe from that
statute that prem aure contract for that work would
affect the validity of subssque mt estimate or assess
ment. The precedent contract would, doubtless, be
invalid and would create charge against the owners
Of the lots incumbrauce upon their pr operty
neither should 1t have influence commissioners in
forming the estimate of the expenses OF the projected
improvement. They are bound TO make all due In
Quries in person; and should they adopt the opinion
of Others without such inquiry, they would grossly
fail in dcbargng their obligation, which the appoint
nent and the oath they required to take devove
upon them. II, however, they in this fully
ned into the matters for the and came
the fame cluson as the requisite expenses as
that adopted by those who made the contract. can
reason why they should not ax their estimate
at the came amount There is nothing to prove that
they did adopt this aud the contrary ought
not to be inferred from slight circumstances as it
duty, md violation of their oa,hs am far from ap
proving Of the conduct of the Corporation precpi
chg operation. under it, but sssurediy neither could
affect the validity of the original ordinance, do
think that the hasty proceedings could prevent their
subsequently making an efectual estimate and
sessmep t. after they had completed It, It was COM
petent for the Corporation to the contract pre-
vously made and to the work to be prosecuted
and finished pursuant to its terms.
SPECIAL TERM.
Before Justice Edmunds
DEC. TO- HIM. BUTLER u.s. Martha Buhler-This suit
was instituted by the husband against the wife, for
divorce, on the ground Of adultery. The usual order
the part of the wife before the snd the latter
reported In favor OF granting decree for divorce
vhereupon q default was taken The defendants
nyipg the allegations in the bill and stating chat che
had been taken by surprise, &C. AID sought to have
the default opened, and was proceeding to read the
afhdavits, when the Judge gravsy said" ad-
verti eme MT rome time In of the papers from
q mber of this bar inviting parties who wished to
bripR suits for divorces to call at his office. Pray
you the gentleman!'
DEFENDANTS CoUNsEL-No, sir.
PLAINTIFFS CoUNsEL-Yes sir that Is the gentleman
JuDuE-Then sir, deny your motion. Z
Re port of referee confirmed.
Martin Martin This suit brought by
The wife against the husband for q divorce. The ap
plicafion was for additional almeny aud fur Their
counsel tee 1t was resisted, ON the ground that ALI
mony and a counsels fee had been already granted,
and that compromise had been entered into between
the parties. Motion denied.
Common Pleas
Before Judge Ulshoefer.
Drc. 16.-.4nn Mckrnan, Us Monmouth b. Under.
hH.-Tbis was action Of trespass, to receiver d.
over BY def. ndsnt's horse and wagon Il aooeared
that defendant. on the 9Th Of May last, driving
down Both street at the rate of mile in five elk
minutes The plaintiff Was crossing at the time, with
large kettle Of milk In her hand knocked down
by the wagon the wheels passing over her. breaking
her collar bone aud ipurng her in the head and arm
much that she has been since unable to ate to
her ordinary business The defence was carelessness
on the part Of the plaintiff. The jury gave verdict
for her for $3.50
IMPORTATION OF SPIRITS AT New BRUNSWICK
The official Gd:ette at Fredericton publishes the
act recenty pared By the New Brunswick Parlisme
and confirmed by the home government, - for the
better prevention Of illegal trade" 1t provides that
no spirits Except in bottle, from Great Britain
from bond in any British colonial possession to
be imported into New Brunswick in ks or packages
fless size thar to contain hundred gallons nor
in other than decked vessels Of not thirty
tons register These restrictions will greatly limit
the chances of the smuggler, and reduce, in mea-
sure, the somewhat extensive contraband trade in
United States to New Brun awick.
SEDUCTION AND ATTEMPTED SUIClpE-On Sun
day sennight, In Pittsburgh, young girl at
tempted to commit suicide by-taking laudanum. Pro-
per treatment restored her. and she sent to the
Poor House. She Is an orphan, lend came originally
from Hummestowp, Dauphin county. Ii seems
that the cause Of her troubles is her seduction by
young fellow, who has since left for st Louis.
MOVEMENT OF u. >. TRooPs - One hundred men
OF the 4th Infantry, from Governors Island, under
command OF Lieuts Arthur and Jones arrived this
oity by the cars Thursday and left last eveniugby
the steamer Niagara for Madison Barracks Seoketts
Habor where 1t Is understood they will take their
winter quarters-- Oswego Daily Ado.