New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-10-25
La " INTELLIGENCE.
THE LowBER CAsE-MrowrAxr orrNror


their Attorney Gen, Azsrisn kAg Cerrorstos sai
The City ofNc,,'yofs.
SUrHERr AND, J.-At Special Term of the supreme
Court held in September. 1851 Judge Roosevelt made
order that the judgment in the original action Of
Rolcr. W. Lowbcr agt. The Mayor. &C.. Of the City
of Nev-York, b. set aside ard yrsted together
with the execution and all proceedings thereon and
that the answer that action irsrposed by thu Cor
poration Counsel b. sso set aside together with the
stipulation refer the cause, the order of reference
report thereon and the order affirming said report and
that new answer in the said action be prepared by
tie Corporation Counsel to be approt~d by the Con-
troler the CAY to be nterposed AM filed in lieu a
the preceding answer, unless the Controller, within
Thirty days from the date cf the ORDER should elect
taxpayer and corpOrator, otherwise, on behalf ~
himself and Others TO file an original complaint setting
forth such matters and making such parties and pray.
rg such rei in the premises lac might be advised.
From this order of Judge Roosevelt Robert NJ. Low
Der appealed to the General Term Of the Suprems
Court.
The Supreme Count at a General Term held in
December, ls5', made an order modifying Judgc
Rooseyelts order AZ Speccl Term. as follows:
That toe aud 81 subsequent proceetn;s ncntoned
TIE o1.rcT Of The City Of NswIsr or any other
tax coTporator who may be 'ab',u,ed IN his p'e
upoa the slid Controller counsel Gle otn-l
aud s.r s P Or sa %.s 1SS. s
pai.s aud praying such relief in the premises, he may be al
WV" ''tN''N t
meantime tia, al dnes On the par; OF TIE plnu'
tbs be- aud the hereby STAYED. Aud " ~oh az
shs b. nst all tho proceedings 10 THE
saved rnti IN Al in the be ~ tho
Sc Controller psycr rfoi;or above autnoriheds
proecf howe the said Controller ;aN cerPos,,.
The psDta 10 acton sh civ. security ~ the psiat,f tn
s astn oi The 'rn % bad s, tn. S .oa
this action oil dsaes which he shai u.,sin By ressss
the conn erc,uen OF AID prcee,doss In 'ush stion az ca
hozec by this oFder sne sd dimsses 20 BE- determined ey
e,f'ee On s b I'oh be- assn. .f e p.n
in prOceedin4s
in this action aud thereon shall stand IN full force.
cstcd erpt tsat ne ~ he judgment shah modified
thu Itantr shoR NE dadge awarded ~ d" re
outing and differing the prccnf dc5cndaHa deed
h,ys and ri@ the eorendnt' yeq,ed BY TIE ag'se"s.f
@ %S S ssSa % a SsTss1s & SIs
Eoet he thereto eIeepi ofo,sa,d ne y," and m'ds
.ss @ f o s &c SS coed sSS
action g 'han DC pronounced 50 ." The ae'" 70 b
II was further ordered that the said order stand In
the place OF the order appealed from"
As consequent of this order Of the general term,
this action in the Of The People. &C., and of Axa-
riah c. Flagg as taxpayer and corporator, No., wac
brought; the order Of the general term having bees
served the Counsel for the Corporation, and on the
Corporation Counsel, the 3lst day Of December,
1851 the complaint in this action with an undertaking
in the sum. and approved as required by the order
filed in the clerk office the 10Th day Of January.
lS.)S and the summons aud complaint ON the same
day served on the Mayor.
On the 3Oth day of January, 1853 Judge Ingraham,
on the complaint in this action made an injunction
order <tThlnlnu the fsfennhnt,
sE @ ,ds The , de%j" NV Sse ss
werr complaint befor. Judge Davis that Judge nA
hams injunction order be vacated .
but the modified by him TO restrain fur
h IN the sat Instituted BY L9see5 against tho
The defendants Low Der and the Mayor &c. having answered,
motion subsequently, made BY Lowt.r on the complaint
and ssndundertasng and ord r tbs aon before mo
Chan beIs to yocs,e the injunction order in this aeton
= S sy@Se OF az %1n s the SSSss l%Aa
action and suppose h's order dlsmis ing the complaint
lsm asmoded by Judge Davies and final Judgment IN This
action snd decision ssAna' The pan''h thefein within the
Gls I'D ola bond for the othe
rorar &C. a, plaintiffs. W.. snbstsns compliance the
poyiO condition Of the order the General Term IN bring
Judge ns,n modified BY Judge Davies bad any
ioIcs effect N The motion made before me sacse H. neys
has sny practical importance Tor then 1t is clear that The
Of this action, the order Of the General Term,
has; absolutely stayed oil proceeding under the jud tnent
Of 10" BE-, IN he original action uut the determination oil hiS
action.
Tenn which with all possible Is'Ieci mus, say sppe"ts
extraordinary one bo'h r form aud .potancc
Proceedings under the jutsnen oLowber the original yo"
the determination Of this action, but after tho deter
min ,on Of this aciios took from or rather dld not re
tina, judgment such determination Of th, acton any
sr,d the exception IN the latter part Of the order ON tse
p ornsnce Of which, provided III" action 10 70 De- Commences
should BE- decided against the plaintiff IN such acton he JUG
The Of this Court certainly had power 10 ysests
snd -, ASIDE the Judgment and aer dong 80 70 r,'2e
fall force aid effect, modify IL and 90 such ,,ns and
10 jud.- whether tie order General Term righfslJ
.de So far am informed the order stand. pnry
ser,ed Tho fac that lss SINE
Leen pdcay determined that neither y P,yer o ns PEP
pc could maintain this action does not affect the ordrr OF On"
Tie order Of the OenealTern y.cOsz Lowber.jude
mtn, and and all subsequent Pfoco.dinz h.r
o which that Judgment sobaned and then saying s
proceedI IN. vacated judgment provided an setoa
by payer within thirty d1y. :: mhsys 'as
on Judgment; then provides that u saen .c..
should b. decideo The then ne sn.w ana
,ubsequcu, proceedngs ana JadSsh. ~ & ~ ia Yen
sc.t.d eIeepf form OF the judgment, shall be- 80 pho
t. , js'ntr s1oA ,,corey damages wsded on HE
[ az d,re,ng % the prenf 6eadan,s tthe Mayor sel
cgranty iced in ne form and yifh the required
lie trrc.ueut Sc the and mode Of execution Of ss>
anrIoy.d by one Of toe Jas,ioe. Of ,bi. Court az
II this order of General Term has any force or meaning
,anai,r The decision a, Special Term disis.nz the
ecS ant Of Tie Peope FlAss Ibis action, M Lowss
proceed uIcer bis judgment rD,i he las Dte .
ysrranty de. approved By Jaes oi this
fhe hs eouI with the conditions Of ne o,af as
IT, udgmen: wa, BY order 10 be restored 70 ~ ioes -
he ouss restrained from ececpz ms Da -
has not, bon be !, suhicienuJ resus. 70 ~ ~
n bs s,I.nt Of The Gessrs Tam. which ihiss shove
transcribed arg had arr has the OF" :, ~ 80.
VIZ both 10 2owbsr sna 70 The p..iA 70 'h
action wh.' the uoti.A n;ae .. - 1900 %, A.
sdsr never s,ns given any ~ srss
% the order ofthe 0e-srs TERM vt 49,, -, rsaus5 n
otsr,e md never s.sins IN fe. oge,sea I. sny ,i'"
upon from 'css IN, 90 a,' sr. me- hoa BE- Dir.
ID os ana di,IS.e d ~ isra.9, esSyns the M.
don vAoot 20 either party On N. ,a So ss. an, ,r o,
I . or aud that the motion Of te aoirndsn, Low
Der ,.ar 70 'sess that nane.oa oa' va ~A'aS
scssssry'
TRIAL gERN-BsSosE WooDk1ss, J., iAo AJ9sH
the ATLAS INSURANCE MOTHS.
Nelson Strge. ar. wsilpr"n.
This sstion was brought to recover the am'un. y,
ia.ursnss note. siyea By de dsesdan 70 ne An $3.50
rs "a al ol~n poey II sasnes .dssa;s Of preisns
Aos third q the amour: o. we .., :, .rs.,s isx a.