New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-18

upju4 toward the plaintiff and all s,hc rso arr ssf
| PAYERS.
Wherefore The said plsnsiff applies % this Court Toe
relief 20 restrain them from proceeding and fsr
injunction against erecting any such hospitals fsnooS
aud dock. usil they shall have advertised for 90
mouth IN the manner required in and by the sIth sec
ton Of the said act and for such other or further re-
lief as may be consistent with equity anS justice wiz
| costs o; suit.
Richmond Col NJ IS David Van Name, plaistlG
in this action. being duly sworn. says the foxsSs;ax
| complaint is true Of his own knowledge.
Sworn 'A l'A d'' E H;y i ~ 'i o..
| The following is copy Of the
INJUNCTION;
On reading the complain; in this action. duly ver-
fed according law ordered that the defendants in
this action show cause before NE. At Special Tenn
Of this Count, to be held at the City HAL in the Cty
O'Clock in the forenoo., why order should cot b
made restraining the defendants during the pesdenoy
of this action from making, entering into or consurn
mating any contracts for the construction or erechea
OF any hospital buildings fences or docks upon tbs
| premises near Segunes Point, in the town az Wes
field Richmond County, recently purchased BY them
for Quarantine purposes, and from paying OCT any
money appropriated in ard by act OF the Legsla-
| tire of the State OF New-York, entitled An A0 fcr
" the removal Of the Quarantine Ststion, Paseea
March 6, 1857, tor the erection OF such hospital build
ngs fences or docks and in the mean time, AID unta
the further order Of this Court tho defendants
strained and enioned from entering into. making o.
consummating any such contracts, and from payAg
out any such moneys.
Dated May i6, 1851, T.w. cLERKx
The following is a copy OF the
UNDERTAKING on ISJUNorIoS.
The above-i.amed plaintiff having applied 10 ore
The Justices of this Court for an injunction IN the
above.entt action restraining the defendants from
mak z entering into consummating any contracts
for the construction Of any hospital buildings teaces
or docks uron the premises near Seguine Point, N
| 4 - sE,lI ,,pI
purchased by them for Quarantine purposes and from
paying cut any money appropriated for the erection OF
such hospital buildings fences or docks rs theresn
mentioned
Now Therefore pursuant 10 the statute in such cage
made and provided, We, David Van Name aud John
j. Housemau, of the town of NOrthheld in tho County
of Richmond, waiermen. undertake in the sum OF
81 600 that the said plaintiff will pay to the defeni
enoinod such damages. not exceeding the before
mentioned sum- they may sustain by reason Of tho
said Injunction il this Court shall finally decide that
the said plaintiff was rot entitled thereto; such dam
ages 10 I've ascetaiued BY reference or otherwise,
| the Count shall direct. Dated May 10, 1851.
TSS9 J y hSt sAsf
Connie ar Richmond, ST.; David Van Name and
John !. lIcuseman. subscribers TO the above under
taking being Only sworn, doth severaly and each Tor
himself depose that he is esident aud freehoider
within this State and is worth g. 900 all his debts
and liabilities and property exempt from execution
JOHN J HoUsEMAN
| '"''" '''''' r. r WELLS. Justice Of the pe.c-
| Counfv IF Richmond ss. certify that on this 10th
| day of May, 1857, David Van Name and John j.
! IIouseman, 10 me known to be the individuals de-
scrbed in and who executed this undertaking person
ally appeared before me and acknowledged that they
executed the within undertaking as their own free viii
act, for the uses and purposes therein mentioned.
| r. p WELLS. Justice Of the Peace
| COURT OF COMMON PLFAs-spEcru Trss-N.v ls.-
| Before judge hssaH,M
| STFAM ENGINES NOT A. NUISANCE.
The Architectural Insurance Company sst Edwin H. Brundiys
| mis- Mh a
brnd,Sd uour, ard which when In fun notion maize. two
hundred stroke in minute. appears that the plaintiff sad
defendant occupy the premises Nos y aud ~ Duane street re-
Manufacturing nails The plaintiff objects g is
use ground that the inmates of hsI establish
such extent by continually larrns the bnuding
render them uncomfortable aud unable to perform the
NcR.nlM F. do not feel satisfied from the ssdssks
Tia. this motion should Be- granted party should nov nsr
itself unlawful unless clearly appear. that such use OF bis
property nuaGcs to other, 70, sm ssss,
MOTION ard unless the plaintiff sat.fsots
Ts sRSw he Motion hO"d not be granted The use Of ss
engine, Of ory size IN buildings generally productive ds
n nd,oo V c Ga not. "sy Devoted to
purposes should be restrained by injunction without
| Gle ar evidence y t- being nuisance
The plaintiff. may they take order of rsiereace
for the purpose taking testimony on TIT. question IL NO or
der is piled Tor il .e days tho motion is denied With ale
| Before Judge BRADY
| PLfhDINGs Under THE LIEN LAW.
| Duty sgt. Brady McMsnus
action particularly H. that It pcdicasd on the notice OF
lien containing syermeat Of the contents Of the notice and h.
obj snd intent thereof without aycrnct OF the fact, ALLEGED
IN the notice separately N the complaint IN these proceedings
The complaint mus De subjected 70 rue rules o, law s9tetnns
6cd thst defendant the owner that the worn dons
pursuance contract and 10 conformity Herewith The
notice should state among other things the situation OF TIE
building By its street and number II the number be known
general statement that the building situate on the
side Of street between two streets named may be sufficient
IN notice Of ion the assumption that the painn dad not
know the number but inc comPlsln .noad enMm as 1s
hption in such manner that the Sheh ~ the event 81 az
ndant has ins than building Ia the iocss, would
sold think that when the number Ia omitted
the fact should be- allie d that the plaintiff ignorant thereof
ccs 20 constitute bis cause Of action and n not PR
.eptng such description OF the premises ssec,ed As .oa
ants precisely q the building proceeded against go
For these reasons the demurrer sustained with liberty 70
John sullivan ct al. agt William Gllmore.-Judg-
snt vacated with to defendant 10 No costs 10
either party
SUPERIOR COURT-GEsEs,L TysM-M,Y lG.-Befors u
the Judges
DECIsIoss
Henry A. Williams agt. The New-IOrk Floating
Dry Dock Company.-Jud gnent affirmed with costs
Isaac NJ. Mil6ank agt. Alexander Dennistown eli n.
JUDGMENT affirmed with costs - -
George Cassard agt Elisha w. Hinman.-OrdF
oyerrnins demurrer to the third defense affirmed
Aaron Healay ct al agt Winthrop W. Gilman.-
New trial ordered; costs to abide event
Gusavus A. Conover ct al. agt. Ann D. Hoffman.
Charles d. Frcdericks agt. Constant Mayer, &c.
Order OF Special Term affirmed.
SPECIAL TERM-M.v l6-Before INDIE BoswoETB.
Joseph Craig agt. Washington s. Whltney.-JIds-
foi plaintiff for 1904 20 with costs,
COURT OF GENERAL sEssIOES-aAY G.-Befors Judge
RUSSELL.
Mary J. Freeman coored), Convicted OF stealing,
was sentenced 0 the City Prison fer six months.
John l.. Enright convicted OF assault and battery
.fecfffn dav latin