New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-12-16
SUPREME coURT-CmcrrT Dee IS Before Justice
JANIS


SUPREME coURT-cmcru- Dee IS Before Justice
JANIS
SANDER SUIT.
Russell G. Root art Richard r. HsrtshOrn.
This n suit 60 recover damagPs for an alleged
SANDER Plaintiff charged that the defendant had aecaseA him
ofreTury. Defendant IN t certain facts In Justh
ptic weI known rlausia bcug member Of the arm
Of Root Anthony Co. and the defendant being o. the
CHAxBEss--Dec. l5-Before JBuioe CLZREH
AZ ALLEGED 1RUAST wiFE-sHE PREFERs CITY LIFE
TO COUNTRY LYE.
Edward &. Hammond, the husband OF Armenia
Hammond and father OF John = Henrietta aud Jeanette Ham
ond spphed for wit u hsbes corpus obtain possession q
Srfy BY John No and ,ase Hammond a: So g FTsi
u appear from the husbands aesaocs that be snd his iamy
sse ~ Sst 10 & her, ' eJ nS Ia Y street 4fSs
there mrc charmed with the city that she became
tun He alleges that sought her out aud upon eadeavons
to get her return she refused 10 saying that she was tired
end him The Judge granted the wit add be city people
ded lsyHE Der Or e children n e.ody or under asl con-
subject md lubHit II 20 him.
Before Justice srEoSs.
TIE CROTOE AQUEDUCT GATE CONTRACTS.
The People State Of Newfors ag The Mayor City
STRONG J.-Tbe prayer of the complaint Is that the
action Of the defendants IL passing resolution directing the
Croon Aquedu Board to have the gsehouse squdc and
child Walker Co. under the made with them the ID
Of April 1888 &C. be sdudeed to be without authority anda
passing resolution sDy resolution directing the work to
be done by those Penon' CT amy person except the same be
ace Of notice. be enjoined from
poyng said persons construct said work and
that he be prohibited from carrying out the prov
IL Is set forth In the complaint that the resolution
passed by the Board Of Cocnen and the Board Of Aldermen
Board Of Counemen by vote Of to and that the same was
before the Board Of Aldermen T their concurrence The ether
passed by the Board Of Aldermen the 18th Of september
less the day the complaint verified twoihds of all
sss s'e' elected n''s ''''' se' '''"
n was held BY Justice ugraharn that passing the resolution
legislative aud that the defendants could not be
joined from leaon they might deem proper and follow
ing decision asds the that the resolution has
passed and Is in force could be made operative by the
deendens a hold that injunction against the passage Of
In rrrard 70 the residue Of the relief sought hst tho defend
ants be eOiaed from employing Fai5ehid %sEeI Co. or
and that the defendants be preuded from carrying out the
visions OF the rssoSto several questions nave been raised
The theory compliant being, that the defendants
Co.. the without lawful authority and the injury
united with the present plaintiffs or defendants As parties to the
BALDWIN Jaycox TO whom as the lowest bidders Ia pursu
Board awarded the contract constructing the gate houses
pipe chamber and squeduc on Oct a. 1888 have no night TO
the ok under the award before continuation Of the contract by
the defendants laws s3 chap 80 sec 81 sec 81 Odd
The Croon Aqueduct Board, Abb AZ But
othei"ise ana ben Ilssts snsIl Vs @ ~ i
Injunction and nothing Is demanded injurious to their in
Fairchid Walker Co hsve interests legal equitable
involved in the litigation SO far their contract for construct
be- and viii not be- affected by the result Of this action
They will be entitled perform their CONTRACTS and g damages
their in way in question to their Preadcei and
AqHeuct Board employ them do she work specified in It.
II claimed y the dsSHdsnts that they have the P9TeI to
by threeourh vote under section a Of the laws Of
90 be- ns or Iet by authority ofbe Common Council or work
be supplies be furnished shall be made by APP
pToprao Heads Departments under such regulations a. shall
BE- established by the Common Council, proceeds;
Whenever any work necessary to be done to complete or
sr purpose %eR WORK and o be undekea supply
furnished for the corporation and the several parts o. sod To
$3.50 shall be by contract under such regulations
Connc unless by vote Of members elected
TO each Bosrd it should be ordered otherwise
into by the appropriate heads Of departments and shall be
founded on sealed bS &C. o Asa@as I'm o. Do
think that work properly be regarded work necessary
Os S0as ss1ns tie cited That
cOde forming part Of job which in contract Tor
Guided to be be otherwise done contrary
SB by making its evasion By threeOurhs board
es ~ any r fss s ga sScdn TO- the and
residue procured to be done under the clause referred To-
Contract ON nadyertanee the necessity Of which to
pletc lob unforeseen when the contract was made
Is oy w a. no ronnS for Granting am Injunction
Of those persons ard the carrying Of resou
Ssop for Issuing an Injunction But If the Of Fschld
Wsker Co. not that work the resolution for their
ont Of HE resolution BY the defendants new employment
by them faichid Walker Co.. to do the work. would be
Acr careful examination Of the contract and much consid
Grafton OF the question: am shed mat the conact docs not
by inst and poor construction embrace the ene ~oiA o.
the construction OF the gshouse squedue and their aPp9r
, S, hi ~oII with The execution of such parts Of It
would be performed by doing work plainly and particularly
GUIDED IRON the The 9Th aud 18th specifications pro-
vide for OF are o g b soSs he se
houses pipe vau laying pipes and the aauednct OF sge1
provision 10 building the gaehouse by these con
tractors The absence Ct such provision u rons evidence
that intended to bring that work Within me CONT ae
In addition to that the 26h specification clearly
that this work win be done by other persons Is
During the construction OF the masonry OF the
pipe vaults conduit the laying Of pipes and Other 9eces
work the Croton Aqueduei Board me mr. % 30
much ground the engineer may aeea W VA ~ r.
in the construction Of such works ana OF the
o must he Construed In connection with this clause and so
limited in Interpretation as to allow the clause an enect IN &c
Is impossible for the Court and the Court oush. not L
could upon this motion 70 decide precisely now s' biS
viii be IA sd Of the Of tho gate houses and other
1.-THE eehoses Is not committed those persons by their
contract as have already expressed the opinion Is not that
Execution Of the restitution Of the defendants BY giving them The
WORK and prevent amy ns G s2se BY con-
tract founded upon sealed bid or proposal as
above referred TO- the law o.
bovysy,r 10 affect the rights Of Fairchnd Walker Co., 70 per
form or the shl othe defendants TO permit OF me
present contract according 70 its terms . -.
think the complaint sufficient pleading 10 "SIt te
relief demanded to that extent As pleading It suhflshy
cary out or execute the resolution. In regard public Va
49, t arordiur 10 bid Of Baldwin and JaycoN or the
work there would be saving to the corporation Of
the charter, instead OF having II
acne Under the contract OF Fachld Walker Co.. upon 'in
rle item OF tie work Of $i6,130 , I'll,
roust how ever be executed on th- part Of the
lsutes S condition OF granting the injunction IN sacn sum-
ami Win such suretes shall be approved by the Cout on
and o dulE