The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-22
supreme Court--9peeial 1tYRs
Before Hon. Judge Roosevelt.
LITIGAT1D CHURCH PnoPHRrY.

/ LiTIaA1AD CHURCH Pn0PHRTY.
JAN. N.-An b. Aech tie Fourth Congregational
Ina'eh q Ne Cuy @ Ner York, "a: 7tosnsiHa C0azsgd
h%ndt Church Of New York, end Samuel r. NJ Ter an
Je. R'ntoslThis molten tor an injunction TO re
strain The defendants from selling assigning trans
ferng any real personal property Of the two charchs
named. The plaintiff, in his comp amt, states that Ii
isas and previous 10 THAT be seized in his ownrgh
end possesssd II fee simple real which es In
Ninth ward sas Fourth Congregational church pur
chased Of Linn tSs said real for s. 00O and
accordingly conveyrd "a Jss Demsrcst, SEN, henry
shsy, Isaac O. Wsshaurn and Lewis Handolph tue trus
lees Of he Fourth Congregational chuvch the plaintiff
reserved $500 In cash and no signed by the trustees
cr $6bS 10 as part of The purchase money. The
tees executed 10 plaintiff bond rhe balss
ing 10 $osO rs, which xndsr psrsity OF yss So0 wa,
70 be paIo within years. togethsr with ~ per cent
interest, be paid ssni-snnuay 1t Was al.c agreed
that Any default should be made tpsyment Of the
nse sss he principal sum should st - optionof the
that the defendants be restrained from lhertgaeg
Transferring shs property until the bssnssof hs ssaim
kssed part Of he property in g,Od faith The osnef
tesdsnts sse dcay fraud. Argument was heard.
In 1aH MATT9K or THE KNICKEABocKBR BANK CASA
foadg the shove cause, the report Of the referee in
the kn1cker becker Bank brought nef0re the
court
To rnaJrsrscw os1nsurnzm Couxex-
hs csppmeni report OF the refrss Ia this ss'e re-
That IL apEortionug the debts Of tn, Asd back smopg
STOCK 7U1u0ft, found tLNt thu
upon wacm hs mad spportiousd Of the
sao debts had valid cieims against the bank wnch t
to Esm ought IA Justice 70 bs sesof against the
amounts tn1 spporoned 70 them, but which 10 was rot
He has, thcsstcre prepared two Schedules which ~
aanexes heecnto ana wasch show the amount OF such
SET of or counter claim.
Schedule A. shows several amounts OF unpaid dyi-
derds duly declared by the bank dierent times but
wheh have not been drawn by the several stock holders
therein named, but which still owing to tism.
TIE bank declared i've dvsdsnds-three of per cent
,Sv~vv
two u three and y half per esnt In jarHary aud
schsdue ahows the amount Of debts prov ID befoye
the receiver and which rouwng stockholders upon
whom the debts are spportoncd.
IN both schedules shown the amounts apportioned
to each andthe sums respectively due to each from the
bank
Anof whichis respectfully submitted
After conversation the Court entered an order
that the cbjectors le their exceptions within two days.
THE CASE OF TIE CENTRAL PARK.
Mr.. Dillon, late Cooperation said that the
ton for the confirmation CT the report In the
The Central fark TO have been heard before Judge
Cowles this morning but he snpposed that Ia conse-
Cowles would hear the case unit his disputed claim
Judge Roosevelt 4Ad By the Revised Statutes 1t is pro-
vided that Judge SIT, such, ia any In
which he would be excluded ronbeng juror by
q copsaDgunity affinity to either Of the parties. On
further inquiry In respect II the reationsps the
persons named in the Colnmlssioners report
document consisting Of thousand pages-it appears
thai cf the parties tbs atep-dRugher O lady
deceased, who In her life time the daughter Of
of the presiding Judges mother. Whether this
relationship within the ninth dsgree-the limit OF
jurors-msy, perhaps, in the minds Of some, be
question of some doubt. we'll founded, the
similar difficulty applied, 1t was supposed to
all the other Judges in the distrst except 1t might be
Mr.. Justi,e Cowes Taking these cons ieratons into
account and also the Importance Of finishing If pract
BILE, the regular calendar pending before him Judge
X had eparsd Communication requesting Mr. Justise
q wies to ss for him. he had been requested to sit
MI. Justice ditchs In this On Saturday evening"
however, intslgsxs rsosved that The Court of Ap
peas had nade decision In regard to Mr. Justice
Cowles In consequence Of whish he would decline acting
In the atssr until further advised Under these circu
cumssnces the question Is: What action should now be
taken ia the premisess By the Code the Governor is
authorized whenever there undue pressure of Dns
the Judges cf any particular district when
In his judgment the public good requires it. to ap
point extraordinary TERMS and to assign other Judges
whose duty n such 1t declared to be to hod the
court sccorciDgy Il any person, therefore, deems this
be one In which the public good requires the in
tervention OF the Executive is competent to him to
make ;epIesena to that effect and to request the
Governor to exercise the which the law has given
him.
Mr.. Dillon moved postponen emit Of the until Mon
day next.
SIR Mott objected to this making any order in
the matter at all.
Mr. Ion said IL competent for the Judge to do
The words Of the statute that Judge interested by
coDssDguipity &C. cannot to aear and determine.
The Court rhop adjourned the case to Monday next.