New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-23
SUPERIOR COURT SPECIAL Before judge BoswORrH


SUPERIOR COURT SPECIAL TEsN Before judge BoswoEr
BROADWAY RAILROAD.
Davis and Palmer az the Mayor Aldermen &c
The matter up, Saturday forenoon on toe qles
ton ocosts the appeal relation the decision Of Jidge
Duer orde ring fine, &c for disobedience of injunction
Counsel for plaintiff insist upon having right to tax
coss on the proceeding before Court of Appeals in the
ordinary mode OF Appeals under the code and clam TO Do
allowed believe 800 in each case. Counsel for de
fenze, the contrary, contend that it is special pro
ceeding and provided for by the code. The Judge
took The papers, and will render decision next week la
relation costs and counsel fee on the proceeding before
Judge Duer the counsel for plaintiffs, claimed 70 be 81
lowed eco counsel fee. The matter referred the
Court to VIM Kent ESQ who awarded $4,000 counsel
fee TO plaintiffs aud Judge Duer we believe, predcstei
TIE Of fines against tine different members Of the
Common Council charged with breach Of the ~ Junction
10 accordance with the amount allowing no taxed costs to
either party Should the present claim Of paintn be
allowed will make the amount Of fine about 5000 more
besides large for counsel fee and disbursements
expended by the Aldermen, &c. in their defense
Before Judge BoFFNAs.
DECISIONS
Nicholas Mcdonald at. the Hudson River r. r. Co
Demurrer to complaint allowed, and judg nens ioT De
'-s'-' John J Jsck,on &c sgt Samuel Isaac. &c
Report Of referee allowed and order thai the referee
proceed to saie Of property
Simeon Gage sst John Caenia Jaue, s"esny wles Smith
To recover damages for alleged false imprisonment,
smsvrt IS Pua that oc;9ber ls5! he arrived
his City n hs sloop the Rachel Ano Of which be was mitei
oor 'h r. and eera nsneed unssdns be vessel sas
- C-t Of Police r aid 20 remove him upon which Nessn
Wet ard Smith we're detailed Tor the dltg t5at dsieaisu
sveeny Uet ard saith ihen "a The a went % O1s1
he 10 psin h. syer bst In doing they tore
IA. and uty him the ess-l the d.
bin the Office q de endan Cuoings snd nom
the Police Office accomPnid ~ Ca Dmnsh 0l
the he discharged BY tie nnlEsse
In defense % sf defendant Gu nmnz and bis partners are
s,sees ~ The ooei which they oeenpy deps M the sale u
mstha psnrd without esOn. or o1eng 70 pay
h the dock and lced enc0 neSas
be reqaeEec By the DOCK her more tn4n 90
70 d,r bot and he told hb 10 and be
wou ID Re responsible The down again in the morning 70
b. arrested aud conveyed 70 the POe Oe
but On discontinue encsnbeIg tie wharf sad 70 70
move kls vessel. he rsleassd. t.,
the cf plaintiff. Il Il said ordinance e1%
criminal private d0cE aud Ian geo oe
the remedy bv drtes In ping at the "asT Aeo
compliant pensy under the ordnance iof eneunoesns 'h
wharf To be continued 1870
To recover freight for two eargOes Of wheat nom OWe
20 defene 10 which that three cazoss we're ee $40
Sn Of os stranns Of the bost IL d .ni
he plaintiff /. liable for the value. yeIde' r palnI Aowhg
in ofse defendant the value OF the "As@' % ana s'nsS
pl-i-''N ~ " R,frs J16ge CANPsELL.
oD,pe sdur Of John ODonnei sssns jobs
% altered to be due estate deceased BY defend
collector OF rents &c Of the Of do
T,hsr wkch managed By defendant aer the
800 fstber became indebted charged Mr. Cd Il
5nss 10 dfsnss that anything due Ngeet for defend
co,T OF COMMON PLEAs-B.SOre Judge DAILY, without
Richard T. Csnnsn az. Tsrenee DoEneIy
ON claim under the lien Law, recover t36 20 tr
f1ruished George Smith Angus sz oT bail5ias
faa X coutended
Sebed this time The lien Eled 10 deuse
II denied thar Mr. that time tine since has
ncetd NJ smith thai ar ID. Liable under
the lien. Judgment Sseryed