New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-09-01

Elm It, resr DUsus and captured four OF Ihs wre:chsd
nmNes and their Mistress wno w-re locked Up In tee
Tomhs 10 swat exsmiost1n. This woman 10 repre-
senied as having uG. recently, ko5t nsr plaza h.ile
sls from II to II years Of age for immoral purposes
The "DRoP GAME."-A notorious
poke, book dropper Yesterday arrested By officer
Jeffrey of the Third Ward charged WITH prscucing his
svocaton upon sn unsusPecting country man, named
Geo BrCO row stopping az M. lVo Warren-st, who
los; $40 BIZ the fellows operations. The prisoner Vas
taken before the MAY and held 20 bail in the Of
$500 to answer the charge.
SUPREME CoURT-Specidt Term.-Be-
fore Judge Rosevelt-D u-HsaTg Gosiin axt
Vr g. Dash aud oAs,s-PAntif cl zine 10 have lessed
OF defendants as executors, for two years from hsy
ISL BUILDING No Il Liberty st. 10 feet ~ inches OF
whics are u be taken OF the from! 10 WIDEN Liberty
He alleges that IN addition ~ this deisndapo cisn
right 10 rake down the westerly wall and roof sno co u
,eoueptv the whols of the building, as Il woud be
dangerous. Painri says negotiation Ia reiaHon 10
the amount Of damage bet=een himsef and defendants
has failed, and NJ asks for Injunction restraining zee
from taking down said westerly wall, &c Ga the part
OF cetenie Is sad 10 be the VAL OF the adlonins
ouilciDg The Court considered that the d'msgs taus
far had been provided for by the Commissioners OF
Estimate and Asessmsrt-f there 10 any further dam
age, and action OF Law be susta'ned, which, un
der ihe circumstances 10 matter OF doubt (he Iudge
thought the lease ought to BE- csnceed) psinrt uus
be etr TO tis remedy By such acton. there beng no
re.UJud. Motion Tor in junction denied
The following s the opinion Of the Court, orally de-
ivered
Thi, 10 question between landlord and tenant
arising GU, Of he widening of Liberty Ct Tne defend
ants in M.y 1851 gave plaintiff lease OF premises
No "A Lioerypt for two years, al sOOV for Ine nrst
wear sud 81 200 for the iecond win provision, or COW
enaDt thsi in the buildings at any ume became In
ured oy Gre such extent as 10 be incapable OF re-
pair the lease should cease and the tenant be Eaole
for payment of rent ony to the time oil tue &C.
curTence of such accident Instead OF being de-
stIoyed by fre-(which may be denomiuatsd the
exercise Of a species Of eminent domain OF the
elene nts)-the building. IL seems - me, Is 10 isct
Destroyed by the act the COrpors alton, und-r the emil
nent comsn Of law in widening the street more than
10 feet from the front OF the building The landlords
alleged in addition to this operation, taking do
the westerly wall, which is s admitted however, Is also
the eatery wall OF the adjoining house, ;he house in
question having no independent wall OF is that
side and that they doing other scts sho wing In
tenon of destroying the entire building. Pisintih
stated further that negotiations have going be
tween himself and The defendants as 10 claim for dam
but they have not been able to come to auy agree
rent aud ne asks for injunction to restrain de-
PENDANTS not from taking down the III feet-he admit
ted he hss consented thai-out fro taking down the
westerly wall OF any osher part OF the building except
| the front
There 10 no allegation that the defendants are not
abuDdabily responsible, and able to respond In dam
ages should plaintiff be entitled 20 any, for these alleged
| contemplated tresPasses.
By The Code the Court undoubtedly has power, when
II shall appear Oy the compla THAI the plaintiff Is en-
| ttrd TO me relief demanded aud such relief, or any
part of H. consists in restraining the commission con-
| tpued OF come act the commission or continuance OF
| which during the tisaiion would produce injury to
plaintiff, TO Issue temporary injunction, aud restrain
| defendants from 50 doing, out this power, being
! an extraordinary ere is not TO be exercised eN'
| cept In case where it clearly appears thst SUIT
fciSnt ground exists therefor la tns case appears
from the papers presented, and from an actual nspec
ton Of the premises, that the case ought, In
fact 70 be cancelled very small PORTION OF the
Ata. vfnU
been rendered un,ensn's5le BY the act Of the av the
rept as 10 tue case of fire. should cease Wheier the
lea has sustained. will sustain, any damage o.
yond fhe relief which this may afford MIN was, pre-
sumo taken into consideration BY the COmmisioners
Of Estimate Assessment and proper allo vance, II
any no doubt made Az all even's it does not appear
that the case one in which ae Court should exercise
the extraordinary power OF ipjuncuon, merely 70 gu
able of the parties ~ force the otoer % settsmen
which under Ordinary circumstances n slther Jusnce
! nor equity weuld require MIN q su onIt TO-
The planua therefore, mus; be- len 10 MS ordinary
sctlou Tor damages for espsS' II such action under
the circumsshces be sustained, which sP2sars
to me is a matter Of DOUBT In which jay may
SEE it, 2erh sps, under all the circumstances, 10 make
hun Al ca an allowance a ths may call i0r
SUPERIOR CoURT-General Term-Be-
fore JUDGES Oakley, Paine and Campbell -ElgAta dr
Railroad-The argument GU the Injunction ras.rsniug
Messrs Conoyer and others from interfering VITA
me,ss Peitgrsw and others grantees OF the road
by AID Compton claiming act Mayor, was 70 have
proceeoed ysste day. greeably 10 adjournment AMI
the respective counsel present. but IL vas further
d. s,ponrd TO the next re guiar motion day
ATlRgT SHOndtH and rifs and othsrs agst Joseph
Pchtrrr-Orce r appealed from affirmed with - costs
10 each case plaintiffs have liberty to proceed TO jaty
eDt but execution stayed Tor 30 days alter the entry
Of sail judgment
Mayg II INST By her rsrt friend H,.tkiah This.
Hs sgst Geo YaR DG;sR.-AppeA from decision OF
Judge Duer refusing injunction to restrain defend.
ants fr, m using the term WahpeDe" IN an article In.
tended the hsir being. IL said, 10 dcleqse, al
e ed 10 the complaint aterm used for II by thu udiens
aud decision holding that the name Tor al article
capnot be exclusively used IL being within the common
language &C In tno appeal 10 con ended 40 being
word general use and tue council inttmatet that
Il mad been AIDE expressly 20 del guate the gcls De-
cisiOn reserved.
MARINE COURT-Before Judge Cowies.
-Conrcd Eiktl agt Aiau Grau-P.inut alleges that
no ard defendant with their families, arrived 10 this
country. about ( years ago, Ia the same vessel from
GtrrnGny IT, ha he had quantity OF bristles on
board IL It alter hs arrived no became sick and had 70
20 10 the hOsplts and that de endln' wen u his wife
and Induced her. with view 70 raising mOnes 20 sup
port them for tbs tine being deliver ths brsss
him, and they were go, wnen be sold them and con-
yer,ed lhe money, Il 10 charged, u bis own use Toe
pres eIt action 10 TO recover 500 4, 50 per 10.
La de;eu Sc Il said hs tneTe but a small qusn
i,y AID one cf IRE witnesses said ths wife Il p'ac,h
stowe them Ia Defendants mattress AID the payment
u Outs was svuded-that they were given 10 oefsnd
ant as he alleges for money be advanced 70 psiodf,
and he- that they were Of Inferior quality and CO.
rpdsn; got but small PI.ce for them Icdsmens for
plsu,lt, g.
BROOKLYN ITEMS