New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-04-15


t52 TO build bukbead between Piers Nos % aud p the
Nsrih K'eI a, the rate Of s5o per f9ot 80 -,
for-ihe r. Of which eeed tbs bull he.d 70 be built as 81
The second under winch s1th. proposal with Others was
feet top Of - top should been word
ed The pain'ia slams that having his
the basis o. this Advertisement be required by The street
Commissioner 10 make II 20 feet wider at the tops change in
rOvng and delay in Of the lse
ness Of the season TO the amount OF SOco, claimed
The plaintiff also alleges hat while he building this bulk
bead The defendants hed az the zip in It's rear so as to OBJ
which be estimates at sH,tt0.
When the evidence beerng these allegations ell in
and the ps'nf rested, nonsu moved the following
grounds:
red into bnd under which bad been made
for The Construction Of bukhesd only five feet wids at the
That this performed with the knowledge
and consent Of the Street Commissioner no implicit contract
could thereby be raised which would bind the city all
contracts OF this character beyond $500 must be made In due
form through advertisements in Of resolution
That the second OF action liza ,le to similar objec
ton, TO another equally fatal For il either i'm
piled contract or trespss for damages which would present
q Inisjoindsr
This motion was made ard argued on Wednesday last On
Thursday morning Jodae Cerke read awen opinion,
ofbe probable fwipesse &c in
Of trial that after considerable discussion amount
SPECIAL TKRn-Before Judge ROOSEVELT.
Henry Levens ct al agt John Wagner.-Motion to
order Of arrest denied without costs.
Augustus kali agt. Jules SignOt.-Both being
equally th6 wrong oacn equally 10 tho 0ther
osts seems 70 me TO be proper case for ofsens the costs
Of each against the other and confirming the Judgment to the
S52 Judgment accordingly.
In the matter &c. of John McNuty.-Order of
reference granted.
Before Judge DAWES
CstharDe Murenus by &c, agt John Nj. Muremus.
JUDGMENT OF divorce.
1b0s. a. Rowland ext. Jared w. Post ct al.-Mo-
ton TO Osobarge attachment granted with > 10 costs
In the matter of the application Of Lois Maunaberg,
Z infant, Gc.-Order granted
VIM G.. Atwell ag Eugene Ledenter.-Demurrer
overfuled with costs
Gr>LRAL TERm-BeOIe Judges STRONG, CLERKE and
THE NEW RESERVOIR IN THE OFNTRALPARg.
In the matter Of the Confirmation of the RepOr.
Of he % red to A 1 the yas1 of l'sS
opinion this morning confirm ing the reloft Of The commission
Tie otis eons 70 lis co hImson were briefly considered,
and di.Ios,d of II subs ance as follows:
AZ 20 the fis oJoc tho at under which this report is
ofends Central Park The Judge observed that It
pr consiue the act author the conjunction OF the
new reservoir the Of pon implied In the Cen
tIs Pes the principle that when two affirmative statutes
oo,n are 70 s in M r. ,ct wetc 70 be-
that ur end The residue Of those sntOned In
the Central Pars act taken for mt purpose
pointed became resident the rendering OF tier
If this were 90 action would probably be held void
be Necessary under the statute that commissioners be resi-
dents only when appointed but wn, engaged the
But the testimony establish the fact Of reidence
for cry appears to nave been the n Sr s'S.se
sded AID 10 control what evidence there IL Of
dsTct The thTd objection, that all tnrce
referees Old not n the report answered by he RUE mat
though al geber the business entrusted to them
tie action Il sufficient
10 the valuson OF property The Judge into the OBJ
ieciieDs Ienersl and sIeoisl, at some length.
lie said hat things musf distinctly appear IN odr to in
the correctness Of the report this respect-t That
the Valuation made Improper principles and second,
That would produce injury the O6ecOHs-neither
Of which sufficiently shown.
judge Roosevelt stated thai he Judges sitting all agreed
in conclusion ths the report De conf med but that
of the ar points involved were OF 50 much as
require written opnieu hch would shortly be drawn uS
THE LIQCoK LAW CASks.
In the of Warren Hgt. Coleman n StetSon, pro
peos the Astor House, AID other Arising under the
LIQUOR law Judge Roosevelt observed that they
ucsly dCed by the decision Of the Court OF APP
udsment snoud therefore be entered IN accordance
Special Term at fming the uucOnsii,uoraty Of
She law.
NOTICE.
On motion Of L. b. Shepard, the rules Of Court
lately nsde regard awarded q unknown owners
udtd the number OF referees