The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-07-27
The West Warrington Market Case
Judgments Opened.
SUPREME CoURT-sPECIAL TERM.

Before Hon. Judge Ingraham
July 26-7he People Of he Stale Of Ne,o York al the re-
iation Of Taylor and Brennan The Mayor Of Neo York.
John Bo0ert and othys. No. l.
James d. Taylor u.s. The Mayor Of Nsp York and Oilers
No. q
James H. Taylor ard OiDe1 ". Brennan Is. TIE Mayor
and Commonoly Of Nao York. No. 8.
These separate motions to set aside judgment,
Messrs Noyes and McKeon appearing for the Comptroller
Mssrs Bronson Anderson and Dean for the Corporation
Mcssrs Pla and Edmonds for Taylor and Brennan and
Mr.. Evarts for the people
This morning the Judge delivered very long opinion
in writing in this important controversy, in which he
rectos all the facts and the proceedings before Judge
Roosevelt and the incidents Of the trial before Judge
Potter and tho arguments Of counsel before himself and
arrives at the following as conclusions OF law
The motions, said the Judge~camo before In two.
foil aspcc. The Comptroller, under the act Of 1885,
moves 70 set aside the proceedings upon the allegations Of
supposed collision in obta ming the Judgments The
counsel FOR the Corporation joins in the application on
behalf OF the city, and that the motion be granted
The Judge concludes by saying
Upon the questions as to title and damages DO not
deem u necessary 10 express any opinion q, the present
time
J. An order must be entered declaring both spulatons
In the FIRST action OF the dates Of 10Th Of September 1852
and Of OH Of November, 1862 void, and directing them
O. Setting aside all proceedings subsequent to the order
Of The 10Th Of Februay 1882 disseminating the action as
TO the Corporation, SO Ear as relates TO them.
3 Directing the order Of Nc Justice Roosevelt of 18th
ofJuly to be carried INTO eject excepting as TO the re-
ceiveT
Directing the plaintiffs 10 refund and pay over to the
Mayor, Aldermen and Commonalty OF the city Of New
York the moneys received by them from the receiver
under the order Of 18th November, 1882 Ia the same
manner as the receiver was directed 10 pay tho
The writ Of possession must also be set aside and
the possession Of the land restored 10 the city, direct
cd by Judge Roosevelt.
II the appeal taken by the plaintiffs from the order
OF Judge Roosevelt IL not attn IN force the defendant
must stpuate 10 allow such appeal 10 stand that that
order can be reviewed.
T. The order II aso drcc, accounting BY the plain.
tins Of the moneys received ron the land sine they have
had The possession before John T. Hoffman, Esq referee
appointed therefor, ana that the found have
been ved after deductng the expenses OF colcc
ton, DO deposited In tho Trus. Company, abide the
even. OF he hrs action uness the plaintiff within thirty
days alter the confirmation OF the report give bond with
sufficient surctcs 10 be approved Of by Justice OF this
Court notice 10 the Corporation Counsel 10 refund Ell
Their the whole Of such moneys, they shall fail TO
Judgment IN the rst action or proper al amount
n they shall less THAI the recovery before Mr.
Justice Potter In September las
The costs 10 the nrst action both sides must abide
The event.
The Judgments tho scconi and third actions are set
aside wth an the proceedings therein subject order
Of reference upon payment By the defcn iants OF all
therein ef that order, and with leave 10 the decn
dants aTpy 10 vacate the order Of reference those
cases for such other order regard 10 the reference
they may deem advisable.
The plaintiffs may amend their complaint In either or
al Of the actions, and complaints In such man
ncr as they may be aiviscd.