New-York daily tribune., 1857-09-29
LAW LNT,ELLIGENCE.

Seventy suits were begun this morning iu the Sn.
prene Court to collect the scholarship notes of the
Antioch College, by Francis Palmer, esq, President Of
the Broadway Bark, who is the assignee of the Col
lege.
As the notes given in consideration Of free tut
ton in the College, o difficult question arises ss
to how far they are coletable nov that the consid
GRAFTON has failed by the failure Of the College and
the reputation Of the free tuition plan. The payment
of the notes will be tried to be enforced on the ground
that they are certificates Of stock aud their holders
stockholders in the institution, and liable to twice the
amount of their notes under the penalty laws of Ohio
where the College is located. VIM. W. Badger, esq
is retained for the College BY the assignee.
SUPREME COURT-SrrcAL TrRM-sert a-Before
In ,be matter Of Robert W. LowSsr sst The Mayor Aldermen
and Cornmonsty Of the City Of New-Yort.
Judge Roosevelt this morning rendered decision in
this case setting aside all proceedings subsequent. to
tie complaint, and allowing new answer to bs filed
and served. The following the opinion and decision
A judgment has been entered up 10y colu-ion' it Is
alleged on the part of the public authorities or come
Of them in the records Of the Court on the report OF
referee for about $500 OOU to be levied OF COURSE
out OF the property of the city, including whatever
funds may come into the treasury from taxation to the
great prejudice of the citizens generally and especially
Of those whose earnings to be assessed to satsfy
this unjust demand.
On an affidavit Of the facts as he understood them,
the Controller Of the city then applied to one OF the
Judges of the Court and obtained order TO stay all
further proceedings and to compel the parties to show
cause why the Judgment entered should not be get
aside and a proper defense be made to the action.
At the day appointed csuse was accordingly shown,
and large portion OF a week consumed In its dis
cussion. Amorg other papers presented by Mr.. Low
bers ooursel and relied on by him, written docu.
ment prepared in open Court, signed Richard Bas-
teed attorney for defendants and John M. Barb,ur
attorney for plaintiff" dated after the order to show
cause, whereby it was stipulated that the motion
made herein to let the defendants into further de-
epse in said cause aud to amend their answer there
in BE- denied This paper, as 1t appeared 70 the Court
was of tsef wholly int efficient for the purpose 10
tended; and while furnishing no adequate ground for
denying the motion for relief 1t suggested tho mos
conducive for permitting it to be made by the
Controller, whether in bis official capacity as head OF
the Finance Department OF the city, or 10 his md
vdua capacity Of corporator snd contributor to its
revenues. 1t tshowed-especialy in connection with
Mr.. Busteeds afidsvit-that the Aldermen aud Coan.
cilmep were eppoeed TO any defense being made and
that the Law Department " uaoer their dGec.ioa
entertained the came views. IT, therefore. the ca.e
alleged, Of gross injustice to the
hey had alternative but resort to direct iatery
tOU 10 that Of another department OF the City Govern
n@n or to both And what officer for this purpose could
be more appropriate than the chief Of the Depart
nent Vf Finance having by the terms Of the charter
81 control Of all the fiscal Of the corpora
ton II is an erroaeous impression although very
| prevalent one, that the members Of the Common
Council constitute the CoporstOn. The City Of New
York IN the language Of the Dcngan Chatter "is an
ancient city and the citizens Of the ssd city have
"cently been body polite ard porsse and in the
| language Of the hontgcmers Garter il was "the
"ishabr.anfs ard ctti-ens Of said city" whom the
| Crown "thought 6t" to constitute f." . body pAiuc
and corporste by the name aud style Of The Mayor
"Adermen and COmmonslty ofAs 0ty Of Hew-Y :"
II Il he .scitzeps" and nos the Aldsrmea sud their
ssscc;stes merely, Who form the corporssss end In
their sscrecste cAsssctes. the Corporation Alder.
men ~ other ofise srs elected not 70 superseds
Sut 70 ed The ciliseos IA ths beer sevesansni sf the
~ ~ .oocscred. they nay b t2sasA 70 Aseetcn Of
| Ssnkine - rsarocl ccnPesiss rtey >rs trustees
l r. M. semnoa faal q oaish - cisssss ~ tis