The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-18
Law Iaselltgence


srrhssr CovNr. New G-frssent, justices strong,
Hulburt and EDWARDS rae Peeyls az fhs ,slrs ga VI
Ees Ysrs-A ssr,iorsri %. srsp,sS In ,hi. eau.. az
Yected 10 the Mayor sc requiring thsu to shos
Why the assessments and ihs rsiihcston thereof In
relation 70 the building 81 ssver In John street
81 Apr 1877 DE cooperation ps.ssi an ordinaacs %
smith Richard .. smith and William sinclair jr, -.
sessorp, TO make estimate nd s.sessmept In
Sormty to the ordnance ns the b. built
On the 10th day Of May. lsST the contrast 10 suni
vss made. and the FEWER Was 10 Be completed before
the 18th day Of August lsl7, which vAs done
date until the 9th Day Of October lss7. On the TN
Day Of October, lss7, the Common Council passed q
Sipanes Of April isa7. should Be- removed and that
Martin T.. Thompson, John T. Dodge and Rsvo G.
Hancs b appointed assessors In their and said
hast named took the oaths the 18th day Of
October, ls47. on the 10th day Of November, 1877
Abe list together with the oertihest. Of the
raid Thompson, Dodge and Hsnee. we're sent to the
board Of Assistant Aldermen for ratification. which
pared that board and then sent to the Beard
Aldermen, and passed there on the Ith dsy Of Decembrr
and was approved by the Mayor the day.
The counsel for the relstor moved - before stated
TO have the assessment list and ratification Get aside
besaute no estimate Of the expense ma ie,
conforming TO the ordinance for the building Of said
expense and assessment thereof among owners or
sccupsrs Of the houses and lots intended 20 be bene
ntted thereby, before the making Of sAid sewer
srcised their authority by appointing skful die nte
rested persons, their power Of appointment then
ceased; they were as TO this funeG o6o. AND had
pover Afterwards to remove the sss.ssors rst
cd and appoint others In their steal and therefore
Abe subsequent appointment Was illegal and void.
Fourth, because the return does not show that the
published notice pursuant to section 81
tbe Act passed May 1871 nth, because the assess
did not take the oaths ur.d by the statute,
until they had entered upon the execution Of their
trust And sixth, beesute the assessment list, thus
.so% II. 1 maa. SsnF sh. owner
or occupant without saying which. The counsel for
the corporation contendsd that the present
not for esrtorari proceeding and that he
fortified in that proposition by the Who'll. Of
authorities the subject both In this country aud
IN England II the Common Council have don.
wrong, their whole proceedings void, sod IN.
lator may resort to the common methods OF redress
The R.s,sd fsI the last nsy yes for
and the proceedings in the present should be
declared VOID all the other ordinances win be liable 20
he attacked; which would open the door TO 90
litigation, that would perhaps continue for forty
years to come. Judgment reserved
SursEME CouRr, Nov. 1T-SrroIaL TEsH-Befors
Judge Edmopds Israel Bppes, r,. .1aaa n. Dance -
Decree Of divorce rfEct!o mafftmgHf.
Ur,ryp STATES CiRcuir CouRr, Nov. IT, Before
Judge Nelson -Wa. Thrstus D,righf Dsafsslh..- The
Jury In this cause rendered verdict for piaiat Cor
Usirrp SrArre CoMsIsHoNxrs crrics, Nov. IT.
Before Geo. W. Morton Esq.-Ch sf CrHsl and
Unusual Puai.hm.nL--Captain Eldride., Of the ship
Liverpool referred to in yesterday, Herald Wa dis
charged to- day. John Quinn, the second mate, cas-
held TO bail to answer the charge.
CoAhoS Pleas, Nov IL Before Judge Ilsho<drr -
Henrietta Jordins Hamm0Rd Uohier.- The Wa m
action to $50 the amount OF promssory note
The defendant pleaded the general tsus, aud put thu
plaintiff to the proof Of signature about Wit b there
was good deal Of diculty and the Jury had not ny
to the hour Of sdjourning the court rendered ihsi
verdict.
Buekhsm IS. j. j. Wsst.rreh In thi. easse, report
ed In yestsrdays paper, the jury brought In verdict
Of sI cent? damages for plaintiff, and 'aung the pro
perry at $2Tl
Befocs Juds e Ipgraham.-Geors, NieAeH ca Lss.,
Cochran was an action Of lrespa>s, broulht by
plaintiff to recover damages for ALLEGED uaskfo tre.
spe mt Of him by the defendant TIE plaintiff cart
man and in February last had his arm broken by
Nick from horse; be called in the defendant who T.
praetping physician and surgeon the dsfeBdAut "a,
the arm and attended the piaiotiG for dve h.
st the end Of which time he, the pslnia ALLEGED his
sequence he had TO call in anothsr surscos, who
bad to break the second time and reset u, by
5sa'on q which he was put 70 great pam and
un q arm In the usual manner and fhst 10 was
owing TO his own misconduct in not complying With
the dsfen dants directions, the mishap occurred.
bit funbinding the spiints, and not tying ZEN ~
ssnn In proper manner The Judge in changing
tbe jury, remarked upon this testimony aud ssIi
that the jury believed the paintiG had ne, complied
with he directions Of the the fair
VA, that IL his own fault that the cate wa, not
Effected The law In csses 81 thi. kind required ths,
the plaintiff should show that the injuryh
OF wholly attributable 20 the deie ndant otherss
lie could not recover, Sealed verdict this msrnin:
CoUnr es. GErnRsL SrsaoSs. Nov. l7.--Befor. the
Recordsrl and Aldermen Ack night and tnEserald
TAs Grspd jury AT tbe opening Of the Court this
morning ths ge ntemeD Of the Grand Inquest la
snd presested number Of bills fepad By them dasng
Ifrel(cr Penn Lare,,,y John n Henkin vas pu.
en- tria, charged with having stolen money from IN,
essb drswsr ofJohp H. Rspp grocer aud liquor dealer
prisoner as In the amploy OF Rapp, vho pisd nonsy
6sm 10 lime, end finally ps hsd soae pieces II coin,