New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-30
lee. TIE Board are State Officer, BY the ae dsesos

decision cited above VS. that the ohicers ID qnest Oh
were not State ofcers II the ruing were as st9u oy
defendants counsel 1t Boud, OF Sou'sei se'~e '"'
mattel ,,,. IL.
never became members OF the new force. loeir acts
sme unted 10 refusal OF the new office rendered 70
tAem by the Police Act. The Leg stature never in
terded 10 make them policemen aga'ns, tier rH, aud
had no, the power 10 do DO, II il would Even where's
z.,f Office IL not created bnt only duties added 70
m old one the Incumbent by refusing to perform such
duiss tpso f0eto vacates his place His refasa 70
perform such duties Is not ID be consldered mere
disob. dienoe Of o.ders, which requires iOrma re-
NOVA before the Office IL vacant. lie 10 70 Do re-
ysrded as never having held the Off 's-G tortDrt
the Of these policemen Here ~" 9Oce, WIN
different functions and qualifications Sss created lne
tenure Of their old Office was determined and some
sffirmstiye ACT If seceytnnce Of tbs one, by
dong duty under the new B)srd was csssary Detoe
they coud become policemen unaef Tue now cnartef'
Thew s,aa L0t eject 10 accep', bat, by Their e;ts,
EssweG pos1lFe refusal ..
The resolution Of 0ct der csnn}t help t1ase men
Mo- can contend that il en- ed Of spPo ntm9n'
Hwss merely the enuUcieiIOn of q traisn- lqo'e
"vho were 10, legally discharged are still nemosr
"of the force" The word dtsctargsd shows inst it
was intended to apply only TO those who ha1 a. some
time been rneGiHeers ~ p rev force. I1e3e m5p,
it has been shown, rever were such mem13f'.
Bot even ii they became pOncemsn aDdef ms ne"
ec they nave been legally discharged. Noilce' Oh Ius
charger against them were properly served, and as
ehsy old not n TO answer them no fut.aeF Ioc7
and 20 formal trial was necessary. -,
Both coansel for defendants strongly condemned tae
qrautIug Of an Injunction 10 case hSo this ID decide
On its propriety necessarily involved the tidal OF the
tile Of thess men to Office. question of tte can
never be tIied On an injunction II the Basrd OF 70
Zee tppoilted policemen when the number wss fau
they were liable peIs ,nsly for the pay Of tins extra
number, and no taxpayer was wroDged, and NJ tax
payer has q right 10 restrain their action on shai
ground.
The arguments were fuished about ) o'clock.
Judge Davies immediately rendered oral decision.
He held that oil the members Of the old force were
becesssrily members OF the new That II they were
NOT the eetec was remeded by the resolution VI Og
g. That those 20 whom notice was given we're legally
discharged This includes most Of the men who nov
SEEK to be renstated. The injunction was dissolved the
Court pTesuming that tue Board VIII oaly appoint
where there are legal vacancies.
written opinion will be repred VIII ,h will prob
ably be made public on Monday.
CsDcemi is to be sentenced TO death az g saeTsi
Term to-day Monday.
The case OF the glass bsot-boIes will be heard on
Monday morning before Judge Davies. II coal1 no.
Mayor occupied In the foregoing injunction CASE
Notwithstanding the decision OF Jddge Davies on
nat point the counsel for the Police B)ard will feel II
their duty 10 advise their clients that such o. the old
force as adhered 10 Mayor Wood are not members OF
Wv Before Judge ROOSEVELT.
DECISIONS.
David Bsnis agt. Peter Van Antwerp and wife.
ROOSEVELT, Justice-Usufy defense standing
npou the some footing in principle as an action for the
MP must clearly every particular necessary to
such recovery and must distinctly negative every sup
possible fact which, if true, would render the ansac
zion Innocent or lawful.
In the present case the defendants allege that the
mortgage sought to be foreclosed, although dated on
the let Of the month was not, IN fact executed until
The path OF August aSdO tns1 II was made 70 secure
ep the 18th Of August 1876 that dated the
~ q ri than GD per cent ns and , the p IA
ssye himself for the loan "a above the lawful rate
so1. which Constitute the grievance OF the charged
e1aeted or Psd and nc in!eres Is now claimed a:
admit the eighteen ns,alnents of interest; whatever they
a pd Tns es Of therefore i csar an after
shcS .oDsy Of se nature Of C %a toe T de-
s ss ssa,.nS.b as.eT 90 t facts and
act Inference; may Be Pessy tr9e s5d yet the loan may
have been a . 9 Of the ana month T the
cae three weeks being ceyo.ed 10 the Gepsaoa on le pa
s such Of every day occurrence, not
Wal but among lts convey ance[s-constuie IN sw
For the statute the passed In 1857
which invoked to make it void contract If apph able
act aGn; yo fer The same not @
Can ar repeA imagine that the Legislature Intended
with imprisonment II the money, although engaged and
actually h and kept in bank not actually pad over TIL the
instion Of the borrowers tile
ADs that the then %' 10 Dc .l ns snfn
which required to be presented M a within three ,ea
This nay s: be DG.saied within line OF even ninety
the practice 6m 20 underrse the nteheence
and good Of legislative bodies Inc Pscce h ho"
ever considered demonstrating neither the good
indulge III, Cour;. at al events may for pu.
suing it, shall assume therefore, until otherwise instructed
that the Legislature Of 1871 whaever may have been their
putc policy did not Intend to enact an so'at not
to say s,Iocty, ach as the present defense implies
judgment Tor the plaintiff. with costs
In re Anna Vale seheuk al alleged uostil
The Judge ssid he had looked further into tue
aons Of s State since the sd urnment OF YESTERDAY and
had found that the Count vested with auhory over the
property unaic resident Of the Safe provided
portion Of the property was within ta' STATE The o'heI
Several record wherein Chan
eeuo Wa worth bad made orders IA omm: under Similar
Circumstance ard Chancellor Kent had also done 80 The
order would committee take cha Of suy property
which the unsie might be entitled to in this State
Gardner furniss sgt- Henry j. Raymond.
This action for a hbe instituted in conse'
abe New Yot Hote scandal By Vi counsel the action
In re John B. Holmes convict nov in the State Prison.
The was an application on the part OF creditor OF
sbe convict 70 have trustee appointed 10 take ehse OF the
estate Of Holia. 20 pay BIZ debts and PROVIDE for toe support
Of his wife and family The Judge sId the application could
nc: Be entertained !; te than in he stae Pnsoa and
eaten offers stipulation for secuy and does not ask
r,erenee % ASCERTAIN whether he proper person do the
patty the trustee Of his Some notice should
& 3 sy,5 n, al S.sn q Ill s Sse and no S6e can
No what family what debts 70 be provided lor
without more eXPlA1s,on, such application be
Homer sst Fernando Wood, JOlie and OtA.;,
In this case, application was made yesterday for
reference The Judge sd he hsd BEEN unable n give
master such attention a. 20 upon II for The preseGt
Charlie, B. Moore sgt. Mshl'u B. Ogden
In this case the Judge said " | deem 1t proper 10
eoD6rm the iue agreed upon ~ brethren sisted BY
" Judge Covles In Hese sgt Faye"
QUO wARRASTo AS To THE STREET CORRESPONDENTS.
The People Of the State Of SeY 9o5a sS rel Ch DevH 's
Al action in the nature of quo cdrrdHto ha. been
commenced in the name OF Charles Devln by Stephen