New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-25

reserved on selling the farm the right to the beach
IN 'front.' TOT tshing purposes, hauling up seines, &C.,
ana thai Tie oukheao interfetes with him by ocsa-
| py ing the beach
The Judge considered from the evidence that the
Dukhead IS absolutely necessary order to prevent
the upland being washed a~ay-that the sand will
soon wash IN even with the top of the bulkhe sd,
winch Is low and form an even be ach-and tina! the
injury which complainant apprehends will not re-
suit IRON the bukhesd Motion for injunction de-
MEG, ana temporary injunction dissolved.
IN CHANBERs.-Before Judge King -Hsbe1s Cor
grs.-A wit was sued out by James Reilly requiring
Paulek McGuire residing IN the rear Of No. 1871
Lioerlyst to produce the person OF Patrick Reilly,
son Of SAID James Reilly l2 wears Of age whom II
isaveued the said Patrick Mcclure unjustyres.rans
OF ms liberty and detans-tha the child was In at
tendance at the Public School in Barrow-st, and
that the SAID Patrick Mcclure, on the 18th inst.
went or sent to the school. using petitioners name,
and got the boy and took him to his house. The
VIII was allowed
SUPERIOR Court - General Term.--
Eighth-av. Railroad.-Pettigre,r Sherman agt. o.
he.fs & Drye0.-On allegation tina, defendants
agreed to sell out Eighth av. Stage Line to the
plaintiffs. and also to vote for them in organizing
and conducting the Railroad Company also, 10 sell
stock to them, &c, but refused-and injunction
asked for restraining them from Gposing Of the line
ard also from voting against plaintiffs. The argu-
meni in, TINS case was continued. tor defense 1t
is alleged that the appraisers Of the horses and car
raees' &c forming the line, could not agree, and the
contract was IN consequence resclnded also, that
the agreement to vote for plaintiffs in forming the
Railroad Co. is void This is denied As to latter,
il was stated that P. & s. got OK D. in TO be part
ofthe Railroad Co, and the effect of the agreement
is merely TO make P. & 5. agents for them IN con-
Quoting the business Of the Railroad Decision re-
served.
FIRST DIsTRIcT CoURT-Before Judge
Green-Mayor, &C., Of Netc York agt Gerard Belts
To recover Of auctioneers penalty for violating
ordinance of the City, ncumbenng the street wv all
ST. on the afternoon of the 2ith April last with bales
| Of cotton.
| The section of the ordinance, on which suit is
brought says no person shall cucumber the streets
with any article or thing whatever without first hav-
ing obtained permission from the Mayor or Commits
si0ner OF Streets under the penalty Of S. for each
oiensc, and the further penalty of s. for every day,
! or part OF day, the obstruction shall continue.
The counsel for defense coatended that an auc-
toi eer, having license to sell, has rgh! TO keep
ecoas for the purpose in the street Also that the
supreme Court has decided taat the section is not
binding for goods effects IA transifa-that Is, being
taken IA or cut offs store or other building.
II was also contepded that AuctlOneers, blythe rule
OF custom have right TO keep goods In the street,
as these were.
The Judge held that no custom can prevail whel e
there is an express ordinance to the contrary The
jury returned vodct for the Corporation for amount
claimed