The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-05
Superior C0uxt-Part First.
THE BOND OF ALDERMAN sTURTEvANr FOR CON-
TEMPT.
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THE BOND OF ALDERMAN srURTEvANr FOR CON-
Before Chief Justice Oakley.
nor,h and H. b. Loosis.-This action brought
10 recover $780, being the penalty Of bond given BY
Alderman stursvaut and two surees, upon his arrest
tsnnt IN dsobeyng the injunction which restrained the
CORPORATION from passing the Broadway railroad grant
II will be recoected that the alderman s'eo 70 appear
upon the return Of the FIRST attachment when Judge
Duer ordered new attachment TO issue, upon which
be was equenty brought into court The bail bond
taken on his arrest was oecsc IL anu
Messrs John Van Buren, and Henry Hilton appeared -
counsel for the plaintiffs. Mr. Hilton in opening the
attachment ose and from the Revised Statutes
upon the subject Of contempts and their punishment
and claimed to recover as damages IN this SUIT tine Cost
and expenses In prosecuting the attachment expenses
including reasonable counsel fees 1t then proved
that the amount paid the counsel in the railroad
was several thousand dollars that there had been
paid for counsel fees the motion for attachment
far exceeding $500 and that the services of the counsel
were worth much more than that sum-
Mr. David Dudley Field appeared counsel for the de-
fendants insisted that Judge Kent by his report In
the proceedings had fixed the value Of all the services OF
in the tw enty attachments against the Al
dermen at e. 100 aud a. the time this bond for
feited orly about fifth of the whole work had
performed the jury should not damages in this
case at fifteen or twenty dollars.
Mr.. Van Buren,, in summing up, after briefly re-
ferripg to the cause and character OF the attach
ment proceedings the magnitude OF the questions in
voved and the aIcuous duties of the counsel engaged
stated to the jury that the practice Of the law be-
coming quite Improbable; much so that many
members of the profession were already devong them.
selves other pursuits and had taken to manu-
factuIng codes, as much more remunsrave business
But the stated by Mr. Field should be taken
standard of value for services of this description
he Mr. " b soud advise his friends in the profss
sion to seek some other kind of employ meht Immediately
Go ride in the Hppodrome- exhibit woody horse even
their hands to code making or follow any other
spectacle business of that character as it would be
under such circumstance. daughter
The Chief Justice charged the jury that reasonable
counsel fees proper expenses TO be allowed in pro
ceedgs of this description But what those counsel fees
should be for the jury to determine and in this suit
they could not exceed the penaf the bond nor should
they allow for the services of than two counsel
and in fxirg the amount they should rega the mogui
tude of the questions involved in these proceedings AID
the einence of the many counsel engaged bot part
having appeared by the most eminent counsel gath
cred together in this court
The Jury retud and afterwards zen! ia to inquire OF
the court whether they could render verdict for over
$500. Upon being informed that they seuld not they
came into with verdict for that sum- being the
full penalty Of the bond
Judgment stayed until the opinion of the General
Term should be had upon q case to be made.