New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-20

Even under the old-fashioped system, going to
law was rather dubious and tantalizng business.
Even then there was many slip between the cup
and lip but, generally speaking, there used to be
conclusion even of lawsuits When plaintiff had
rot the Judgment of Court, he used to think the
end was approaching. When he had his execution
In the hands of the sheriff, and the sheriff had
made his levy on the defendants goods, the plainth
used to begin to smack his lips in good earnest and
perhaps not altogether without reason, though 1t
might be only over the shells.
But our New-York Courts ard lawyers have
greatly improved over that old humdrum system.
What used to be the end of the game is now only
tie beginning, and, as was the case with the famous
dragon of tho Leran lake, for every head that our
adroit and keen Judges cut off with their legal
broadswords, up spring two or three new ones.
i lawsuit with US is no longer simple operation
in which John Doe plays the part of plaintiff and
Richard Roe the part Of defendant. Both plaintiffs
and defendants by turns 90 Waiting up and down,
till at last they get twisted into such knot of in
extrlcabe confusion that it is impossible to tell
which is which-who is defendant or who is
But, however amusing to the lockers on may be
the mystic moves of this legal dance, ia which the
original plaintiff and defendant lead off, to be sure
but in which the whole company, Counsel Judges,
Sherifis and SheriiS' officers come by turns to fig
ure, we must confess that it is sometimes little
vexatiOus to the parties more immediately con-
cerncd. There was Mr. Devlin, for instance,
n, rp,nd fbn
strength of Judge IDgraham's decision upsetting
Judge Peabody's in the comfortable aud lucrative
office of Street Commissioner and tickling himself
with the IDEA that Conover, to escape imprison
ment, would be glad to hand over the books,
when, just at this moment of anticipated frui-
ten, in steps Judge Peabody with new injunc-
ton, which stops Judge lsgraham and the Sheriff in
mid career and makes poor Mr.. Sickles gasp for
breath. So our friend LoHber, who has or had the
city in execution having seized upon any quantity
of portraits old chairs, desks and tables, aud who
was already beginning to feel that two hundred
thousand dollars of city money juggling in
his pocket, he too is stopped short just
as he is grabbing it by an order from Judge
Peabody. To the public however, it is agreeable
to see that sometimes at least the law can be put
to a good use and that, beside being employed to
plumber the city and push intruders into office, it
can also be made use Of to keep out intruders and
TO defeat attempted frauds. Is it to MIR. Richard
Busted, whose sympathies and auXetes in this
case are so very great and diversified and who was
so very eloquent and ureen. with the Controller to
prevent the sale by paying the money as the only pos
sib,e way-is to MIR. Richard Busteed the City At
torney, that we are indebted for this chance for
an inquiry into the nature Of Mr.. LOwbers claims
Certainly not. On the contrary, Mr.. Busted,
whose duty it is to protect the rights and promote
the interests of the city, fatty refuses to take any
part in the determination. Judge Whiting, WHO
acts as counsel for the city, and with the Controller
as applicant for the order asked Mr.. Busted for
the privilege of bringing the suit in the name ofthe
Corporation Attorney, and invited that officers CO.
operation. AT first Mr.. i. seemed inclined to con-
sent; but upon a correspondence alisc remarkable
for pungency and breyity, Mr.. Il. got angry, and
will have nothing to do with the case. So Judge
whiting undertakes it alone. His chief point thus
far is, that about three quarters OF the space sold
t. the city by Mr.. Lowber is outside Of the legally
established busLead line, and consequently belongs
10 tie State; that whatever color of title Iowber
may offer he can have none that is valid. There
are other points not yet developed which will, if
necessary, be Brought forward; but whether the
S2O0 COZ will ultimately be saved to the city is not
~ clear.