New-York daily tribune., 1858-02-04
In Cua,yf.S-Peb sB~sors judy CLstKE.
n Iarnea lLr

In pCu.,ry,S-Peb 8 Before JuiE- CLstXE.
IL The 'ns-r Of The srPiesOn OF James 'Pned '' VIII
Tl-mernng, Mr. Peck, counsel for james Shep;;
hero who stands convicted OF aT,on ana Is sentenced
TO be hurg on Monday next applied to Judge Clerke
for writ OF error to carry the case up 10 the General
Term Of the Supreme Court
cuted.
The judge asked why the application he'd not been
NJ peek answered that it WAS in Consequence of
the relations with the convicted that be hat been sb
sent from the city. Upon his return Shepherd asked
tn Ju9gs said that he would accordingly look into
the matter, and he reserved = is dec''lon'
s.,,,, r,,x-yys s-Before Judge CLEaxr
VIM A. Lilliendahl agt BaPtiste r. Wehoer.-Case
,d all the amendment. excep, th th Allowed see pas
"a Alanscn Marsh agt James G. Brett ct a.-Sat-
10, bus Colt att Charles Fied.-Settled all N,
amendments except is The last is. s,oTeS eSosrvr,7
In the rnser the assessment for fa,lng lc pat Of Ind
A b;,, in equity 10 declare void Judgment the
confirmation duas judementobt.ined BY frud sud
eonp- refndps Of the fruits Of the wrong Is ordinary
rem ,ssdy Ii e ; i Lii S P,s b. them on behalf d =. Se ps S
who should t to unite .snst the conr.t9 maj
Ing the Coposcn, which BY sw - ihe trustee eodeeda
would seem to be the Ret .PpTIp.tes Gsa IIeas
Jonathan &. Meeker ct al agt. josiah Ballard
Nation denied without costs TO either party.
Jared L. Kirkland, &C., agt. The Illinois Central
Railroad Co-Mo,ion granted without costs
Maria Schnock agt. Herman SchnOck.-The plain.
tH ,ke sn order for the payment Of - per week "
Lewis Curtis let al. agt. David Leavitt, receiver.
Order settled.
MORE FEArD on THE CITY TREASURY,
sUfREaE CoURT-srEel.L Ttss-Fss s.-BehT' Judge
ROOSEVELT.
In re ,he Assessment for tagging &C. part Of Third
avenue. The proceedings in This case, without dis
tinctly averrng 1t, imply charge of conspiracy on
oGl L..
contractors to defraud the City Treasury to the
tent of between $1,000 and 5000. On the 18th of
November 1855, the Common Council passed an ordl-
directing the sidewalks OF the Third ave-
nue., between Sixty-frst and Eighty-sixth .strees,
TO be tagged and curb and guter-stones TO be set,
and to reset where necessary, under the direc-
ton OF the Street Commissioner; for some cause
une1r ained no action was taken on this ordnance
for nesry year On the nth of September 1885, Mr. Joseph
s. Taylor Street Commo advertised for sealed proposals
TO do the work giving minute specification Of what was re-
you'd be rsay insisted on, 80 the very Letter aud that nc
tied price fixed in the contract Ten days he time pre-
bd in the notice. having elapsed aud the bids being opened
1t appeared that Cha Deyn the lowest bidder and the
tract srdcd aud subsequently signed By him
About three months after its date Deyr having finished the
job procured fo the Street ComnssoneT certificate that
" the contract had been awarded TO him at M prizes ANNEXED
and hs. the work Lad been returned by the n'gctOr aPcP
"the WORK awarded for rock excavation pr cubic
nd ,s s - peT ef t f1 d G y fens eis ea
and 9; . G1T. cents, ss a'ssPs per q.r9 fSS S m
g. 7. Rogers aud was obviously untrue In several
very important particulars The contract, " executed.
fir. Charges And in the adyceaent for proposals it va. also
particularly stated that te price for setting the stone and asssina
vas 10 ede the necessary exavao and the
ons Of the sidewalk and st there in effect be
tras under pretence whatever Relying the certificate
however snd presumed without examining the ordinances
the advertisement for the cona the three assessors taking
Mr. Edward Boyes survey of the number OF cubic yards Of al
legged Hcavatne and filing inserted the assessment list no:
only the lawful items for curb gutter and hassns smouningto
t6 but nearly ~ cent in addition tor filling and
ton The law require, that when the aossmen, list male
out notice shall be given in the newspapers to s persons inter
ested present their objections None pre-
sened and accordingly the 2h Of February 1857 tho
uert msjencudng the unlswf ltemswss confirmed by
the Common Council and became lien on the real estate Of the
adjacent propetorsthe Common Council u the time
N this position until the 2Sth of September following.
when after delay of than nouhs-sud after the
whole had been drawn from the city treasrsome OF
sued writ Of ertiora bring the proceed
for review by the Supreme CouIt In order that the same
might be declared null end void and the whole assessment
qssled The question s such motion a. the present
time, ard by the pescut parties aone and in tile present ionn
Alter discussing the questions rsied upon this statement Of
facts concludes follows: bill in qIy to declare
v,d udrmeni-the confrnt'lnn was q1asi JifgmeutJb
tsn,d by fraud and compel retunding the fruits Of the
ordinary dy In case ike The present 4 Le
lts o oil the parties asssed who -bOud TT 20 ulH
sgaus, the contractor making the Coporaou, which by
lsv /. the trustee q codefcndan. would % b. The
ap rop,s,e remedy throw these sisEe.ton however
only IN the consideration of counsel the casa having IN odct
been submitted without argument oral written. There
Cou Of Appeals have pcudd ho examining with that
sud ooughn which the desuds The usual aid
s final dccision until further agnnornt which,
the counsel prefer that mode may be n the form OF "ltien
U1ieis.
SUPERIOR COURT-SPrciM TIRM-Feb J.-B,'oEe Judge
HoTTN,N.
DECISION.
Asron G.. Goodman agt. Jane Smith.-M0tion to set
a.ide verde. deued, without costs.