The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-09
Supreme Court.
Before Hon. Judge Campbell.
SUIT ARISING OUT OF THE BROADWAY RAILROAD
CONTROVERSY.

beIore Hon. Judge campbell.
SUIT ARISING OUT OF THE BROADWAY RAILROAD
CONTROVERSY.
JAN. s,-Dariss. Oscar w. Sturterant-This suit was
brought upon bond given by defendant sturtevans as
principal and the other defendants as suretes upon an
attachment issued out of this court The bond was con-
dtoned that II the said Oscar W sturevant shall APP
pear the return Of said attachment and abide the
order and judgment Of the thereupon then the
legation to be void otherwise to be and remain in full
force and virtue" Sturtevant made default, and
bond forfeited. The attachment was one Of Large
number all growing out Of tue same proceedings Tue
1 alta was issued on the 9TH day Of February
The deenc ant sturevant not appearing the 18TH the
bond declared forfeited another attachment was
ordered, and Sturtevant appeared Arguments were
heard at great length In the Sturteyaut and NJ
appeared the trial OF this that the plaintiffs
bad expended a much larger sum Of money in the
poyment Of counsel than the five hundred doars-the
penalty OF the bond IN this suit But it further ap.
peared that the argument 10 the Sturtevant
in effect, the argument in all the attachment cases
twenty seven in number The court having decided In
favor OF the plaintiffs who the tors in tue at
tachmnt proceedings, ordered reference for the pur.
pose OF ascertaning the REALTORS aud expenses
This reference ordered the 9th OF March 1853 In
the against Sturevant alone the sth of March
the referee made his report In which he stated that he
had proceeded the principal of the ag
eregate amount Of costs and expenses and
in all the casei, and Of assigning each case al equ
and proportonats ,hare OF this aggregate amount.
The referee found that the COSTS expenses and counsel
fees Of the REALTORS amounted 20 two thousand seven
hundred and forty dollars and seventy eight cents,
49, 740 7s) This amount 10 be divided among the
twenty-seyen Defendants. There small addi
tous Tor shers fees in the case OF Sturteyant The
conclusion OF the referees report therefore fol-
lowsThe referee therefore reports as the cost, aud
expenses in this matter including the expenses OF this
reference and reasonable counsel fees the sum Of one
hundred and two dollars and twenty cents fSI02 20
This report observed, in the matter OF the plain
tns or REALTORS against startevant and the finding Of
the referee was The sum last mentioned Upon this
port the court afterwards acted and the report
Ell adopted ~ the 20 be paid 70 the plaintiffs
for their costs aud expenses the 740 rs being appor
TONED among the defendants Under these
circumstances think u clear that all that the plain
ts IN this action IL the sum of one hun
dred and two dollars and twenty cents (si02 20 the
amount reported BY the referee Sturevans portion
Of the costs ana expenses. As the verdict vas taken
subject TO the opinion Of the Court General Term,
with powtr 20 modify II, think the plaintiffs are
titled to judgment for that only together with the
costs Of this action. But the argument the counsel
for the defendants furnished afdaviis showing that
since the trial Of this cause the defendant Sturtevant
had paid to the PLAINTIFF attorneys and which had
been accepted by them, the .rdsd against him
above. The defendants therefore, on the ayment Of
the costs Of this suit, WIN be entitled TO have the udg
ment satisfied.