The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-04
Duprcme Court.
SPECIAL TERM.
Hon Judge Roosevelt presiding.
TEE ERTRAI PARK rAap

TEE tEErRAL PARK CASE.
JAN. 3.-Jud6e Roosevelt read the following ossEc
respecting the qussios raised by the eounse a.
hearing OF this case-N is contendsd by one of the ot
jectors that the present Special Term NO matter wha
Judge may ofdcia.s is Illegally organized By the act
April 20, 1889. applications fer the appointment Q
Commissioners Of Estimate and Assessment this cit
could only be made st certain places ard IN certsi:
months and applications for the condr nation Of reports
directed TO be to the Supreme Cour. at thu
term thereof (nearing the genera, term be held in
the city OF New York or az such special term to be held
point for that The oOas how.yer Wn.h sp
later statute rereal in express words 81 previous
trtes providing for the designation OF the times and
places holding tie general special terms OF the u
preme Court &c, and substitutes provisions sin
place thereof among them declaring that there
dicia district shall sppoint therein BY section 2
the Judges ot each district requested "app
years. The Judges of the Arst district whether at
term OF the court, or IN consultation out of court
spss for s n ,s o.gpps
and those terms, therefore, even If tns law
Of $50 were s,ill in force, would be special terms
purpose Of opening streets every other
purpose allowed by law In addition to this reasoeiug
act of 49, for the formation Of the Central park d.
Iects the original application to be special
term without restrisusn except that it shall be held
Gin the First Judca, dist, meaning otv ousiy any
special term sppointed according the which was
then in force And when, after the appointment toe
tenn hereof they ars directed to mske their report
to the saic Supreme Court special terr obviously
| imp led
ihe motion for confirmation therefore Ia ths present
case, was properly made before single udge-an1 the
ony question remaining ,s under the circuustan
ees be heard b. Judge CT IN this district
mus, an application be ade by the presiding Jcsce
the Court here c the Chief Juog cf the Court Ap eas
p 20 provides oay for the "actcns" In such
csses if she Judge, in district sua ted by
cannot be sroush 70 sgamens and decision in the dis
trct where pending, tho Cour may upon special
er.r WASHES even before the eeae specal pr ,ceed
ins sueo as the present, could ss deemed 'in acton
Wit1la the meSncng oi tie statute At sM events de-
cisien made on that ptopi ha,dy be said 70
be see from tae slightest suspicion Of inyaldity-a
| itself =
Mr. R. J. rn,n exCsrporatisn Counsel. suggested
that Jruge Ccwss the only Juscs who was rot in
who could preside.
Judge Roosevelt said that he four udres would cou
suit in e matter, snd vethsr IL necessary to
apply to the Chief Justice Of be Supreme Court ap
I The case was then laii over aretn Morday next
In the noaer Of the Reservoir This alsc post
poned to q future day.
DISPUTED JUEIsDIcTJON.--TisE' MARDaE COURT AND
THE COMMON srEAs.
JAsuARY s-Richard s. Gryere asgne. &c. u.s. d. K
9snner and others This . molten for whit or pre-
capt in the nature of writ OF prediction issue the
judges Of the Court Of Common Pleas Of the city
county Of New York. to prevent them from further pro-
5niDg IN entertaining apEeal frocc
Of the Marine Court of city &C Ne York and from
proceeding on attachment egeinst Judge Bird
ssn, Of the JUDGES Of tho, Msrus Court for not
max ing return Of tAs PROCEEDINGS had before
hn in said Marine Court The raises question
on the construction Of statute rcade in lS63-whi:a
provides thst in actions ic the MaSiae Court any party
dissatisfied with the judgnont GA single Judge of
Cou-: may appeal theiet general term Of said
Conrt This 1t is contended part Of the moving
parties, reIcers IL imperative aarty dss sded win
judgment before sipge Judge Of the Marine Court
ssle appeal to the nrs Of Common Pleas ans
zoe Is now unis, the following state of
Msss-us gan,ih rs.ne y tes assignee Of Stacey
he renced his action the th Of ch in tie
Marine Court for the recovery demand Ia this
tred before his Honsr Judge Bisdssl without
jury He decided in favor q plaintiff and judemeu
against Il defenda1ts for the Of 1885 So damage.
ana costs. On the ed Of May the defendants without
having appealed to the genera Of the Marine Court
served notice cf appeal u taa Court Of Common Pleas
dhecty, f.om the judgment entered the decision o,
10 setula the proceedings teors him uto the Common
Pleas This he refused sad thereupon the Common
Pleas Les .ad an ttsachmsat agaGs Jucge Brdsa f not
maAng such return. On The 2rh ult the plaintiff ob-
taiued order from M Justice Ceske, at chambers
calling the dstendants and s Judges Of tho Common
Fsas 70 show cause this day Why tney should not oe
pre- hibted from further proceedrgwish said appeA-aud
the said attachment aud eppinrg the Judges Of the
Comm Pleas and tho officers Of that Court in the
time.
Mr.. D. D. Field showed csuss-he objected that the
affidavit which the order made defective, be-
II entitled in the cause and the
show cause maze at chamber and Judge at Cham
oers had no power to grant sush order-that il the
Court ovs-ruiei these objections he prepared to
show that the Supreme Court could sinc the const
tuition of 1896 issue writ OF prohibition to the Common
defsu at most the appeal prescribed by the Law Of
1858 was permi-sive only.
COunse. for tbs oto1 asked leave amend the ada-
Wit on the spot
Judge Roossvslt-f the objection t, the affidavit IL in.
The objection vss insisted os and crder deuvas
the notion with $40 costs and without prejudice to the
plaintiffs right TO renew the action.
GENERAL TERM.
Hon. Judges Roosevelt, Clerke, Cowes and Whiting
presiding
Pepl. rs Enslet7t Loh.-Judgment Of special term az
Harais f Son. rs. the Mercantile Insuranc, Company
oser sppsalea om to be modified SO as 70 insert after
the wor.s discharged and set aside the words as to
,hs funds Of the defendant ir the Mechanics Bank OF the
city Of New York"
with cos,s
ireland rs Hases.-Judgment Of special term affirmed
with costs.
De Pcyst.r u.s. the Sun Mutual Insurance. Company
Judgment 10 be affirmed with costs
Etsc,er u.s. Kn,edy New trial granted Costs to abde
S1pho7, life Insurance and Trust Com Snp rs. Packoyd
d Prentice Judgment affirmed, excep. as to the Part
Randall rs hauA-Judginent afi-mo1, with costs
Before Hon. Judge Whiting.
raay Of he CIV OF Nao Y5shoud some up on p,stion
sfJohn Garry u.s. BERN Dsssng c.-let order be
mad. referring the cass TO Lewis u Reed Esq to take
proof, &c.
Police Intelligence,
ARREST OF ALDERMAN BRIGGS ON CEsAR0K OF
LIBEL.
Alderman ohn Fl. Riggs, Of zee Thirteen.n ward,
taken into sustdy yesterday. ~ officer aoore, Of tAe
Fifth Iistret Police Court cdarge Of Malicious
on the complaint OF the Hon. Tascdore stcveant ram
her Of Assembly The complainant statss that o.
9TH ult The eisndsnt csussd to he rnbshed "a two
daily lie xspapers commraioAtion from himself as .
member Of the Special Poli3s Committee which IL deemed
highly offensive and defamatory 10 tbs nteress of Mr.
Stuyyssant. The wsS frst prseented
he YsArd Of Aldermen, and subsequently p.sbihed in
thess two newspapers. The accused taken before
uscs Wood OF the Essex Mark Police art whore hs
WAS held hail In the Of $50 oansws Mr.. James
Grifhth, Alderman EJECT of ths tenth ward, became
Riggs' bondsmsn, aad ne liberated xom custody