New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-06-16

O1AA OAsAh SOINn ~OJ ~
s;.. ss s.ssh d.y nd w X vssT s:s sss,
q. GsDsn wsud b driven in.e sssrss ~,
places % !h:, : 2 ,Ssss ss s1s
th, ehndr.s wb he et.f .hs. they were ndass ~
s s o. ;Ss s.ss:s ssss ~ sSs present. would
Ssesu.s .ssS susa. we're Placed
Of crime and under the ban " he law Bot even ss ssS
BATH H. cssn. had isEe& him eeo.a..D s. bad the
ssu,, Of incdus into p. PIRATE hsas: o. h.. . S nst
intend oppose The .v o,y legal vsy Isy would 1p,
pose openly md MOI epsrss in the dark as the ssSSs'aan
S..a Wa IL "a .. eg., . s:; Re !:
ss b % s E. III: e
here Re ssSs r.. Ssdp s ous
that Shsn they come here they law and
compelled obey Re bad so seen ne TIE s %SsssT
hesssr where ssr beer gambling the ssne table
fuch practices the interest q society In Germany
s ne, 20 70 % nsss h ts except IN
sns county when single Judfs had y s 70 sss Ssan.
remarked tina. that Jsd had cs his hands with blood
ana n. Count soo The snd BIZ so
SCENE IN coURT-A LAWYER DRAWS PISTOL.
This morning, Mr.. Henry D. Townsend, counselor
1Si%s ss:
ss Up 70 he judge '' and 1T had
to md had dS Ss ,., s for VIM
| and he would investigate the matter.
bad gone to the ble and bad asked Mr. be
tomorrow, and added that he expected MI
no sa eH h Gentleman n Mr. Cray told M
he would have cat Of him. MT Town.sna
hat he would cut out the CUTS Of sny that licked him.
SSsIsrpon Mr. Townsend said win shoot YOU" and DIRE"
On other hand Mr. Townsend produced an setting
be- th sa. t IT. Town d. Who him
Of the way; thSt Mr. Gray then said he would cut ns
M S.sy md r s.S 's1ss ~ Hs
bend aid he had and lowering the TOP Of MS breast pocket
TIE Judge cid both psfs. had been si Of ss;
breach deeOu had the matter occurred IN hi: view and
prison Any doing business nth tn. Court h saud
X. @. s:sss o $ 4 Iii T es:. '1s
therefore e,he, party might s' an O,ds 70 rs,srSss
next at IL clock Mr. Townsend Immediately took
the oder and the parties retired ,os,,,,,
Cummings agt. wooley.-Order taken by default
set aside With O. cost and motion vacate arrest denied costs
Harriet j. Hazard agt. Edward C. Hazard.-Report
''"''''' clscTITGigns i5~Besers Justice Bcckrs
JIs' Ra ,Si. s, The se c sbs defeSdants on
check for 500 given him The 9Th day of March last me
check by james simpson Who under tae ssc.
mail on the 2Sd Of March The Bank set the defense that
Simpson bad drawn check for the same on nS n%
when presented II claimed that the cerhed checA was
The Court gave judgment for the plaintiff upon giving bOnd
Of indemnity to the Bank
sses Rdgwsy for plaintiff sche sOssOn and huc"s '0f
GENERAL TxRn-JVsK e-DscIMos. ,,
On appeal from order entered In 1899 yacu'hs Ju's
rendered against the City.
Jacob Sharp sgt the Mayor, &c. Of New; York
MULLIS J.-Ihs Court has powerto relieve d parry
10 AN action pending in II from Judgment order obtained
sgnst him by of the negligence ignorance '"u
The rule formerly was that the party injured by the neglect Of
misconduct OF his attorney was c9npeea that IN. a.
toney Wss nsoven in which event the Court could relieve
The remedy by action wss .ns IN m1 opinion the
just practice is for the Court 70 relieve the sen n,aps
e. 70 the Is IF The
Justice permitting party to oG .Go an naa Of
Ss oss sorney q law are not 70 be b.
ties pefectine through the forms of law the ruin Of parry
who has employed incompetent negligent OF unworthy az
when Of their sso5gsy and .. as
actions that they discharge their whole duty to the cou
In hi. case the Controller of the city made oath that The
claim which the sction based Is unounded and randuen
and that good defence e.,d and 5 ar
against city both the Controller and the then Mayor applied
'ss the PO Of the referee e the General that he
ne Lss;.s': had ssass e Is RSss5$'S, a;a
;sIs sG 70 Y snd ti,1s
he %I o S1S d not becnd
and direction Of The GO1. n, s iso Of the
city oSeer. 70 apply protection and / { the
du Sou grant f. 4 Z + made to s aP e tia, the
Necessary inquire into the cOnct o. the Cor .
u 9aes ~ 70 He5d H. .he defense Of
viii go history of the further thsn to refer g
or two IA Which are disclosed 6y the papers and VINO"
The Iese obtained by The plaintiff res. the resolution q the
Council the 10th Of june 1882 directing the leasing
thereof a. belong city The lease which IL dated the t
day ofJr ononn.t 20 tie resolution and uses in the e,.ns
clause the very wcid Of the resntionthe same qualifying
words useda again /, the hbendum clause It further pro
vded by sidlesse as follow; o, hv and
between the parties 10 these presents and these are
shall be taken or construed operate by sad
ties Ct the first part their successor for possession on qne,
@ or t Il to R NC shall the sme be taken
sued to interfere in any with any previous grant. or
operate further han grant The possession Of the state ns
have Of lawfully sad ferry aud right ferrsge by vir'
tue Of their charter" &c. . -
rem, oP ah e .e o d pay
Al the time this lease applied for one Murray had or
lin useless for the parPose Of ferry The light Of Murray
the portion claimed By him established by 'dsnent Q,
the whole p rented OF Murray his portion oil the amp az the
In October 1855 parties owning the whole part of.be
int Of said plaintiff under ad lease applied to The Common
Council to rrdhce the rent of aid slip and was reduced 20
Ths fact was set up in the answer but without any allegation
the claim Of Murray to said sip And Is certified BY the
that evidence whatever given the subject
before him.
gayamen of the plaintiffs action the misrepresentation
made by the the city by OF the IN the
Street Commissioners office that the city owned the whole
slip whereas, ia truth and ia fact portion was owned oy SAID
murray
The referee Ends fact that plna misled
regard to the extent OF the cys interest IN the sup, and ~
law that the possession Of Murray not notice to
"a, plaintiff Of his (Murray's) right
Without deciding the OF agents
city b1ding upon TO give plaintiff Sh Of
the Of Murray notice TO the plain
s his Mury rights whether the circumstances attend
ing lie reduction u the legitimate evidence in the
% NV a ~ ~. Ia IN ., ~ ,ys,s 40 irrnort.,t