New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-09-13
LAW INTELLIGENCE.
Court CALEsDAR-TH, Dr.
COMMON PLEAs.-NOs. S2S, |, l69, Z, g.,
II, IL ID, II, Is, l6, II, ls, y, 20, 81.


II, IL, 10, II. Is, 10, II, ls, 10, 20. 81.
SUPREME coURT-srTcr.t TEsz-Before Judge RSo'EvstI
DEcIsIoN.-ln the matter of the appli-
cation Of the Croon Aqueduct Board for the appoint
m. ut of CommissoI 20 value certain lots belonging
to Clsrkion Crous situate s9Ih o., said to bs
ouired for the coDsuuciion Of additional reservoir,
the Court delivered a written opiuon At length, OF
which The following 10 an abstract:
IL appears that the L. eissure of the State In 1919,
psed an authorizing the Cor Joraon OF t7e City TO
s,ue stock TO not exc, edDs s6OOOOO 10 DO
spped 20 the purchase of und II Necessary or expe-
dent and the building OF sn additional reservoir VIII
ans 10 o. der % increase the supply OF water Ia
the Cy. Subs queuty, Ia the same Year, an act vas
passed 10 department In the goyernnsn 70 be
called the CrotOD Aqueouci Boa ID, and In the same act
authority given to the Aqueduot Board behalf Of
the Corporation In where the price OF ground
agreed upon N apply to the Court tor The ap
potDment Of certain Commissioners TO ascertain the
| proper compensation to he paid.
One Of the objections the Court said 10 the present
ptIon was thar t oo state that any ordinance or
r.solution had been passed by the Common Council de-
csrpg the taking of this auy other ground 10 be
pec.tIsry expediept, or directing an application to
the COurI 10 BE- msde their behalf By the new City
Charter the Executive and Legislative Departments
~.re 10 be kept separate and d,tDct soo while the
lie dsa'ive was 10 be restrained from assuming the
fuuctC Of the Executive that In It's turn was 20 os
prevented from usktDg inroads on the Legislative IL
could have be, contemplated that An executive
Ceparimert its motion, was 70 os author-
ized to cecide question OF such maRnitude as n9 ex'
ped,ency and necessity OF messurs involving debt
upon the City Of more than bait million OF ooil.ra
Such dPcisip Il 10 obvnuf has In IL all the eiensnts
OF esssron and the Iesi. ve 70 Of the corpora
tion 4. the lsususse OF tfe amended Charter, 10
vested exclusively In the Commoo Council, sIid can
only he erred in the form Of oroiu4nce or resou
lion, duly passed for the purpose Noaesucn as already
observed has referred TO In this case and none
probably exits H., .
form |. that Il 10 confined small part OF the con,en-
plated ,e snd a nglr owner l' proceeds upon the
idea Of separate petition and separate Commissioners
for zach dstir ct Interest such cour'e 10 nos Only
nm oecessary but very burdensOme and exOensge Toe
demands upon the City Treasury are sufficiently one
rou, and II 10 the du,y Of judiciary, Of other de-
psrtu ers net To aggravste them. In street cases 70
which this In principle IL perfectly snslaeous one pc
TIT al set # comuis.oner', are all that are al
lowed Besiecs the lsT IN this case expressly al cts
that the petuop .hal forth the name and residence
~ Zach ovner OF the person nterested and that tue
Commissioners ,hal ascertain snd certify the conpen'
saD pro per made ~ the said owners and parties
lpteresled-ihAtl 10 10 each oil them.
h,ott or obi-c,op 20 the puubsr Of Commissoners
aoulfo for me Law expressly fires three and no hSe,
M pIesoTbs ps ucubIy the mode 10 whicn ga n oSo
of The three 10 be pomDaiad ls proper 70 ooss'a
hooev.r that the hole number that slone not being
les. than three concur Ia he eerdncate or rep rI
/ An order was accordingly made, diving tho Aqusduct
B, ARD leave o. present an anebsed p"'iuon s"tuag
forth de.crivtloD OF the whole pot Intended TO %
taken for the reservoir, the names ana fessence OF
each and all the psT-s inten Srd therein and n- &C
tiop n aDy has been sba De- had, Dy tne common
Council by act oronsnce resolution On the SUBJ -ct,
The appointment Of coue TO be 10 toe meanwhile su'
pended. D,.,.,..p ,
DECIsIoNs.-Ruth Delany, admlnistra-
trx against John Hays-Moou for leave 20 tarn case
Into bin Of exceptions granted 90 paym' OF u co't
! Amanda Benz EFT against Cha'. Neueton MOTION 'or
delivery Of Into Court or appointment OF receiver,
denied without costs
Al+x F. Sterling against Francis J Lewis and others
Interrosaiors allowed, but the plaintiff to have leave
| 10 f e acdhional in,erros atoms
| ID ID IL, John WagyOner.-MOnOn
for relief Gen snc ed IN complaint and mat answer Dc
struck cut as inefficient &c granted, win slU cOsS'
unless thu answer b- made d. Unite ana certain M,
Lewis O Wilson and Others az ainst hntnohy u way
! ne and smother -houC n denh O.
William Rider and others agt John r rond mohon
| for stay Of proc edings granted ,,,
change place of trial 10 We.tchester County granted
Before Julge
Crawford ast Wnitehesd. Order 70 show cause
Ia cr.nAr..-Beors Judge EOrA,D'.
| HABEAs CoRPUs.-A lad named w M
| NJ BsuRh who had enlisted. was brought ~ on sppF
cation OF his father and his discharge oe@anded 90 loo
ground of minority The proof being sufficient he was
discharged. ,
Myer Pbineas against Flora Pnineas keisrrea 70
Asne, WfhsIer, by &c, against John Whitaker.
Referred to same, to take proof, &c.
SUPERIOR coURT-srIerIt TsEN-BsfOrs Judge c.H',stL
| William r. Walker ACT Can oOsisr and chas n. Hssey
In this case Rev. Mr.. Walker, recently
rector Of ST. Thomats Episcopal Church Brooklyn, Oh.
| tanned a temporary iIjuncuon restraining he'srs'
Wooster Halsey rom publishing or exhibiting GER
tain letters written by Mr. Walker betwesn lst Feo.
and Let srch ls5l TO Mr. Wooster, his wife. Ars H. r.
Wooser and bis daughter, Miss Maria c. Wooster, all
re,dipe In Connecticut He contends that the letters
were written under the deepest ADD most s7ciog con-
fdence and tr,t spred In the plain u by the impor
lance Of tire business trendhp, &C. expressed IN said
eers to the characters Of plain f and the other par
ties and nclosed In the business enveioys OF nj.
| Woo,er furnished TO plaintiff (Mr. Waker) oy mr..
Wooster binsef-there 10 also among said pagers one
drawn I'D with view To Miss Maria Wooster signing
H. and another for Mr. Wooster certify tn the fsc Tue
present charge on the psn OF M water .nse .ao
ters and papers strictly private aud connoenu.,
but tha, Mr. Wooster suffered Mr.. Haley TO take
Into his possession ana under his control 70 reao IN
spec use copy and puonsn' asUss aDS tamil, secrets
TO sray 81 EMMY 20 psinttf- sails v'sih"n y
entered an action for SANDER IN ralsnon, We DeI
hsvc % to charges In respect 10 Miss W. ana Plnnl.
ard that the said letters and papers are I'm
| him. lie also asks Tor receiver 70 AAs cnH VI ~
letters and papers. ..l.s,.
Appointed an ecclesiastical commission 70 Inquire .
| cer,sln charges Is 10 Mr.. Walker, ano make pIe-
me- nj n they should deem the result OF her oqulSs
warrant II that the Trial Of plaintiff before tas
ssucs body has not YET taken place, ana @s $780,
sion yet In ,senee Il also aea'so la Nd o.
pers excep, for the legitimate objects OF said con
Sion aoo fur,hsr that payers referred 70 70 sn r
plain, were Included In similar application D,,os
Injunction made 70 the Supreme Court ous mi
~ that Court denied On The ground, We oen1
the INQUIRY bss ncs been ended by mere ecels =.
| presentmsns, but CONTINUES ull after trial Tss
teneed that this application eannos Do ,s
counsel for paiptn 10 reply th cay thas inc
spplied Tor bsfore he Supreme Court we're olIo.sa'
10. Of papers from tbsse and also shs! u: CONN., :.
has ceased The points were denied moa ssos 10
made by plaintiff . coupss for further ums 10 wu'e ~
,..snt 10 u ow this 70 be the case WHICH
srspssd ,he lsdsviis ~ be ssrved fors dys Stsos.
| - alth inst 10 which lssssg u2s Ne proseoo~S W