New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-09

Inihe other cafe. there cited McCuozh V. Bo,klyn
3 Werd SOL Bronson j. .eid thai waere asn--es ~
ben even aprofeyv owner for opening sree IN lef3l
would not Ie "fhaf man3afzus would BE- more p-1f-
"ate remedy. Although - general rule. -3s.i il.is
Nv not H. where Tie party has another reaslf o.
auvefa Is true ia relafnn 70 corpOra'i0rs is'e ~
"sG.rersr In IRE q Peorie SIpcrvii1r ri %
len la 10 Wend as3 objected The bag TIA. the lntl
mus was not the proper remedy where the State sought
recover from the county the amount Of on Once m re
but the Court overuled my objection and among o.her
tings held tina; the remedy by action for damages aga
tie suIersisors who might rJoice to pay wa ID 'sleS
and no objection to the wriis issuing. In HUI - SiP
yors Of Oneida 10 j. K eco The Supreme Court ia tli
tie superntending control over Inferior COaSis IN =
coruofafoIs q C. BY mandsml- j. n ssbtft3na I'm
and The Court viii render il, a. FAR az can me
means q substantial justice IN every cae whs1s .iS's
10 other srec'fc legal remedy f0- legal rSal an
they add III subordinate public agents rei % -
in where the law EN- lns upon them 70 10 ~
reouired II is Office 10 enforce oOed ieto
In cases where no other legal remedy exists
Now uf on ihes principles, il seems to M Slal S nm
dfmus The proper remedy azanst ne aeeH II'I. 80.
II io has vol grounded objections l" P-ii,l 1il'S N "a
II can be Of but Little consequence IN what iOrn ne IN =
cones but the public is Of great importance that ilc
arbtrary i Of one person shall not Dc allowed . arr
fIe oca ions Of Experiment. interrupt acts seriously
conducive to the public health The power being gene
ri oUe and 10 BE- exa Ell for the veal Il i
petent for lis Court nay, It's duty 10 SCI i IN nolon ana
hat BY reInedy that desired, "a Lord Man1sd re-
marked prev Cn disorder from failure OF usioe an
diec OF police and whh ought TO be used On all 'c 10 ii
wLUe tie law ias established no specific remedy an
where IN Justice and good government there ought 10 os
one Burr 1867 In this case, the right OF the reltIOa
r. 10 have the warrant the Chamberlain issued ana
sonea tyte Controller There seems TO be no obeeon
70 Iayin tie relaiol but with the defendant The lya
tive authority Of the Corporation cons sting OF tne Mayo
ana Common Council hes exerted all IFS power end ns
o. fen now H. Whether its ministerial officer can be com
PEELED TO perform bis part. If he cannot there mn, be
failure of sicc IN tie exercise OF public power Tor ne
public welfare Of opinion, however that be can be
thus compelled and accordingly overraie the objection
SUPREME coURT-spzcrAL TERu-Before Judge EonoSos
Radfold agt Voulht-Motont to amend complaint grant
ed. costs of opposing 10 abide the event;
McClH agf. Wheeler ard Others-lnj1no;ion rsnlsl,
suit between the parties having ternnaei ia iaVof
IL Foy art lie Foy-Taere not being sufficient eyi
dence that the party against whom the gun was proven
was tho defendant IN this suit, divorce refused
Ward and others OCT. Bogg.-The attachment beng
taken out before the debt became due motion 70 set a'c
Uoton and wife act Bana and others-Decree Of sale
and disirilution by referee granted
Doonor act Onderkonk-Order to shew cause Tor IN
junction granted. .
tie mater Of Cornelia Hart lunaiic-R'por OF
Of committee confirmed, AID committee d.ohtrgad;
Slew All Daight-MoOn to vaca;o injunction dened
nect Forence-Mot.on to strike out part Of answer
Ttss act Peters and wifo-Wherc the wife answers seP
araoly ION the husband without special leave obt'nsd
of the couIt Ler stricken out ana judgment LOT
DT@Itact St. John-On motion to so aside ezeen
tion wLeIe there ref renee to try the tact wher
The execution was satisfied Il Is MT proper 20 make On n
TiT,nv e0f Ficler2Where n sui, Is brought in oar
courts by an administrator residing ont OF the STATE Il
proper urdor section 81 of the Code, 20 exact secu
rity for costs Motion granted.
Penniinan act Whtc-Where in lease, the lessee
covenants with the lessons pay the rent to third person
it is competent under section 3 Of the Code for the ls'
soIs TO bring suit in their names, without joining me
paties having beneficial interest Demurrer Overfued
New York Exchange Bank agt. Bruen.-Demurrer over
ruled
In the matter of Francis DECENTRALIZATION granted.
Lower act Lower-Thc fact that tho plaintiff was Ia ar
rest on warrant egtimate child, and 70 avoid It,
penalty married the mother. is no ground for dssolyinS
the marriage, Divorce refused
In the matter Of Isaac c. Kenda-Report confirmed,
and po6on for conveyance granted.
Hall Ggt Smth.-MOtion TO amend answer gfantei.
MARINE COURT.-Before Judge THOMPSON
Charlos Lee agt. Owen Cornell .
To recover damages in the warranted of horse alleged