New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-10-23
SUPREME COURT-Ocr. q.


o.ed set Cd 10 plaintiffs motion argued a! the sane time
and denied with costs.
SUPREME CoURT-OCr %.
THE cBEEvER-CHURcH LAW sgIT-JUDGE ISGRAHANs
OPINION.
Tho People rel Henry A. Hat, ct AL s George H. White
This was proceeding BY msndsmus 10 compel the
defendants White and smh who Inspector at an election
for Trustees held Church Of the Pdrns the l2h Of
last give Of election to the realtors Me''a
HART Hail. and VIII iDs, who duly elected II appear.
that there Of candidates to III three vacancies In
the Board Of According to the count Of the deendnt
declaration made al the time In the presence
Of the said Society Mes HART HI aud Whiting had 81 votes
each. Mess Harvey and Tompsins had 81 each and James "
there being also or votes of mum
d. Eleven days amer the election however the defendants, Oh
the plea that cast III the relitor gave cef'
Gates election Mess Harvey and TomPin the defeated
candidates. go
The REALTORS then instituted sn dAmses AMI also this
The defendants thereupon made cvAsve and In
81 en. return. The Court motion hea ordered the do
fndsnts further setting firth the detects In the
former one The defendants thea made second rsturo whn
betns ed evavo and defective Like the tt motion was
made by rso quash the second return sad shs peTenP
tory msBdsuus ISSUE
twin be M derstood that Messrs. HART, Hail. and Whiting
were The candidates put In nomination By Dr. Cheevef hnd
The following Is Judge ngrshsm's opinion:
IsGRAHAs Judee-Tbe pisinths move oaua'A ths S'ie
nIh T setoTs b writ was issued the rea.o nenced
action sgsnst eefendnts AID others touching ,no
sue relief sought to thereby to hch the dsend
Tb tie REALTORS were not BY greatest number of legal
votes duly elected Trustees &c. -,
That there were ballots counted than there were per
,o no had voted and III he lnsp had ballot which
was by omitted and that su'h ballot wa; for defend
aud the result announced and further ths the iosF
ser~ discovered tnst eight oth persons VINO vosd ~
That bsy had given certificate to the defendant, who
had entered upon duties of the Office end are nav acting as
] such. .r..L ,o,n5.r,,
| have not spswele Is required BY the Court ,.
fy were req tired whether Of the vot tha were
received by the lnpec at the election the r' d no.
receive grssest number and whether hey tie inspectors
aid not declare the relatos duly elected 80 o cb,i
They also required TO soy whether any woes "eie 0
~ az he spopdpts have not answered but have evaded
soc sn b s up thst the Ieatofs not eecsed
by legal that do not Do" ON" 70 tue
%bo1 I1 70 the redde Of the return 1t ppeari me
that the conduct Of The respondents In Tins W
mAtters set mp Ia tho papers mas ~ "
| tie co.. sequences OF this motion. - -. ..,,.,. a.,
onent whether they have set up o'Ief H'"f' IN
| this return which may constitute defense. ~, ,,,, h.
The rslstos had night retnn on the usltrs aec.'a ~
to de making With the order Of as Cont they
ash the Court vh very ~ csc. 70 is ar tiy COM,
twas their doty explicitly on these aaa
syJs SsTe sD sssi eas S ' pecsG
For the se reasons Il oDd be enough Tor NE mere 70
oon without examining the Other deiense' set up Vy e IT,
Dk t. however proper add bess that he action ssi up
nv he RESPONDENTS as cannot be bar 70 h poceeo -
bcsuse sctoD neither the certiste q
session Of the ONCE s5 DO Oi1td y me 81 M war sSt no
recovery unless II nsy BE- dsm,gos Sihooiaos I'm
to the esse. fsctos sse ana 1 As to he
due of tie retlin s3neei ~i,e shr Ju.'0e uN " viz
he B., sr received BY Inpsstgs, without
s rs ., OBJECTION Their rsb, inquire into character Of
&c csg TIs only daty that sInsioed for them % per
10 n such ballots, and retoI. ths H.
rseiytd ard the III having the greatest nunDe
II would 10 lde attempt to conduct ans .enon py oh h
~ seI the esct va' o. The nn sRsS Of votes Constitute an
iponi,y those who voted for the suee-n pN5
S .,:s s ono IN eoaS b. dseed es os be
few .scio TIE present day which infant Hot De
s ssr5 : 4, .5swSr IN The ace Of r.
Think De must be granted The eondn,. Of Tee re-
sSntoy ssas Seud Issue Nor doao;
abO. The PcP, q ,neh an ',ssI Sa wsa y5ss
by them and that REALTORS had the largest eunsei The 'gp
q.e1 s tos in the box than lad received It
late io the II,pstors % remedy t9e mater
ws5e counted 5se , T9 a ID , wa, In lnSsA'
M0n0h s c,peT, VT 70 Before JuitIce ALtES
| Charlie, +. Watts set Tnouias Bridal
This wss suit 10 recover possession OF eerAin per-
sons property viz the mshner &C. so{Oysd ., s ~ HI,
Ds p Sssd pps NOR eyed he property Dr. Fets o.
this city tee and the mortgage on sai1 IN pay h
p 'S., 1S s oRRdsi the IL M isse. Sq, @
v,is ss'G re s az The tsr
MeAd buy and put IN the machinery ua
RdsYe soS ont HE Brdsl and shsse t@ns4e ion.
being PO TO The eors gndtr 'n ~ IL s goods q
the extent OF one hal ,ish! Of possession as JUS
whole. -, Al, - -.....v ,,.. vested In
Bdssl and on melton Of P!alntias counsel dso's' '
Frsrei: Walton Beosmin Vaughan Abbott Tor p'
H. r TIT Oh IoARDER FROM THE cLARESDoS
HOTEL. - NJ.
e,.,ben J. Austin sgt 0au,t Ksmer snd John piiee he
rn.9 ryas a snlt 10 recover dsmsges Gus ainsu uy
,ia by Gson Of assault and battery fSIaary
Xndsnts He alleged that on the i'th on
~ h. vs1 bosrder tho Clarendon Hotel; on h srs ~
~ n he a.frndants proerietor Whe Nc Sars
I .Ls room of Mfr Sidney T. lnsraham; ,ae s 49,
nilcb instigated by u other defendant ioteea Ni AVN
,noo, ana hotel and elected bin violently nssA f,e,s
aege II on the day beois @ o. sutns
- ave psntiH notice qui In consequence OF 49,,
III and that ho wa leave the premises Ie'ea " II sst
bey alleged the plaintiff persisted IN cli hai
20 .hu,iv, sueusse toward them The oeiehdsutA hsir
tley oniy used sufficient force 10 eject ueSPa'' 'P
premises
Case stl on. 80, al, a., oi,'uuH. lanes W,
| off,fd md ] J. hir ihury for Defendants. .
"'' cUt5fyrks-Bsi0io Jgstiee LH3sAho' -
Alexander ~ q. Smith. Sc OCT Heniy, VIZ" ,.,icau
| The attendants were INC trustees ol ''o