New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-06-27

fnspectOss.
The city bad deternin that tie slips between the bulk
head built add Inc usn land should he died UP aud
used for market purro'es Nd cou,Sacted with koehew
Taylor permitting nen notice from the Street Comuis
soner, to The filing fox which they paid the city
large sum. Wien Msbic bessa to sink the bukhead,
cyan ming ard din from the sore In coise.
qnerce alleged by plaintiffs the mu5 which OF great
d7ph showed SOME di'sacc out into the river csrins
The bulshead with It, ebie demonstrated aid eied the
Sci pmmis'ioner to 't9g M hng OF Re should aols the
bnlshesd went out s5o' 50 feet. and
essSe ~ ris' cspais s lsVST s1a
p,inf, az ofMsbi~ for whom hey sufetos
Msbc for widening the top ard aso for the work msie
nscesssyy by the lios Pisntihs proofs "en 10 sustain
Dcfsndan. admitted in their nnswc- ',s the contract
tuay signed di NEE, the views OF either party and wss
uake they alleged that the desigh vas ihs Ihe bulk
head should be Is wide ~ the top cod rot az printed
the specification Tha, the omission Of the tgufe ives
typographical ser; thst thc reminder Of the
nconstsn; with tho id,o Of building ou'khead o. less
than 45 fee, star large wdn at the top and that
Mabie hi. ard The csiu was fraud. All the alegl
s the bukhs,d having been pushed one y essoa OF
defer dsn' ches denied ard L alleged that all The
ys due for the whole wok had been paid Proofs were
aduced to show tina, the alleged decreased cos; and tie
On the frat tr,, in 1856, the pain III; had v.gdc, Of
R33 80. An appeal taken Go the Genera, Term which dis
missed the copni bos the Govt OF Appeals ordered new
trial
Oh the present the Judge charged directing The Jury
II they found tia, deendsn abe had never agreed
this wofkif their rnd hsd never me'ihen there bad
bee in fact contract And II tie work had been com
pie led under direction Of dfendauts and accepted BY them
then under the old common law rule they liable TO md
10. ths whole wort ressousbe computation aaG 10 thar
view. he Jury would find the vaue OF the whole wois and
deduct $500 which had already been paid The Jury on
former trial speci. gdng that there nsd been no
contract but the General Term refused to apply quafnra
merritt ba Insisted tia; hcse one aud that tie rl!en
signed should be reformed under their equitable
powers wi IT, and then held thai Mabe mad
received al he Vas entitled to under t.
As the detndaut urged that Mspie from ne kLowieose o.
dock building aud the tenn. o. he spseiieson nst ns,s
thai tho work must he q e' wide az the tops ti ms
own negligence partially coDouted to me sldnS OUT aug
the OK did sink srscd tie Judge the present
sl directed tho Jury to d5uci all ehes- Tor wos caused
by nrgg, unsSllfaness OF The wortncn that there
no contra. II not nseiia what tho width Intended
by either pay nor what caused the pushing out %.
simply the work done sndeE d-sadants dtction and
III. Jar- finally rendered verdict for plaintiff. for &le
DsedI moved 10 srks ont tho Interest the Court
ru,d g'o JoTna that the psu,ia entitled to inte;s,t
and odeed the exceptions taken By detdan' coSne 70
be heard in the first Ia lance at the oere Term THE bal
claimed by plaintiff va, $50 600 and interest M r.
Abreu WsssInsn and h. w stoaehton ior PLAINTIFFS d.
H. Anderson. A. is:aut Corporation Counsel or csendahts
SALARY OF OFYiCKR Oh IhE cAADEs AAD AAboY
RAILROAD co.
Wrr Wit DecLer ~. Can len and Arnboy Railroad Co.
This was a sut brought 20 rec lver The plantihs
salary year from Sept 1851 70 sept 1885, az fice-
Of TIE Camdp s.a "A, annoy ng a dismissed from
his Office b The desendsBs the sh day Of October 1854
or no ee s3 sa s. the was %
specified period and justified the plaintiffs dismissal Va
tho trial The deie dauts abandoned the position that they
justified in d.nissOg tie plaintiff aud called 40 Wit
nessea
OF his salary for tire whole year with ntsre, e.s the amount
ihs, he received during tho from other employ
u D. Field Dudley Field ror pla'u.i Charlie, oConnor
and Mott, Murray Harris for defer dants
PROFITABLE LITIGATION.
Heidelberg and Boys sst Kelly. Sheriff.
Troyer for quantity of gin and Oi!ice-turniiure
valued $3.50 The plaintiff claimed to have purchased the
sccoun, Of rent which dne them rom th'. hr The
d,ndar, claimed 20 have levied the properly IN June
1850 the execution ug1u.t Roberts aud ged that he
wa. rsyed by Injunction fom removing until November
3d. 1880 when be took s'oTehoase and subsequently,
sold The psius esusd tina, the ain removed by the
sheriff the principal subject controversy the
which ~ The the levy made AID a.o that
empty bottle aud were removed which nsd been
bought hy Roberts Co.. 10 November The jury found for
the plaintiff for the bottles aud boxes vsuins them a.
SIS 10. G. Branasdfos plaiutsi A. j. Vsnds'poo for de-
CuASBrRs-JrsE 2G.-Before Justice BARNARD.
IsTEREsrIsG PRACTICE oCEsTioN-AoTIoS MADE
LATE.
Henry ThoDpsnn sg,. Dudley q. Culver.
On the I2ih Of February last, an attachment was
an, bal AZ ouae5 OF concealed hu.sf On February IT,
The properly Of defendant attached Ia Dutcsss County
sucieut pay the debt On March II order granted
show Why the atts1Lu should not be vscated
his noJon not the ground Of The iusuciecy Of the
AFFIDAVIT hch The attachment wss Issued, bu, on ether
On Mach IS an order made Retiring th; disputed
report tho e,donce with his ooirion On Aprl 81. the
rel made is report by whch among other thrU
IN against the defendant Aprl 10 for .19 md that psil.
iii producing the transcript clsued that the reference
/ Lu
County sold the attached property on the execution issued on
the judgment
objection that these cts alone without rfe 10
ohers the motion 70 vscae The saohnent must be denied
osS.s IN ~ e's os, wcs a no s
notice Of motion bat the motion ITSELF must be hoard before
Counsel for defendant claimed hat " t. objection wa.
vsd. plaintiff had only TO se "a attachment aud by post
poboeuts put of The oil 10 vlcae untl Judgment WAS
Obtained and then defeDdsn, wcnld have remedy.
The Court held the objection ate and taut me attachment
h. wa. updsriood tht an stpss would De forthwith taken
10 the General Term. The Srr Of Du,cnes County has in
time sold tbs attached property ard has h. mcny
Vim Fullerton aud r. s. Fellows for defendant. exJudse
Dean for plaintiff
TIE coNCERT-sALGoy AcT--DEcIsIos THAT LAGER
BIER Il not BEER.
Joreph Hart egt. John A. Kennedy e al.
The plaintiff in this case is the lessee and propri
e,or of tie Vokg,r,ep in the Bowey. Ii May last re
arrested under the Concert Saloon act charged with selling
lager bier to audience duung the performances at the
Cum who dcbarged him holding hat the words the
Jhbng the sails 81 beer did not forbid HIN selling
VINO are respectively tie Superintendent aud Captain Of Po
lice hrestened Ae,. bin again and they did make az
On this state unction issued by This Con.
enoiuug tho defendants nom arreetins the plaintiff bis
aeeul sudience' and the defendants now moved to dis
Jude Bansd held that tho decision of Judge McCunn wns
does lot Gcude "leger bier" but dissolved tho injunction
solely hs ground that th. Court bed no power to grant
iht peculiar remedy ~ pIOce
Henry L. Clinton and Y. staiknecht for p1ntiff; VIM
Quits Noyes and Eibridse I. Gerry for defendants
DECISIoSs.
Fraucs Wodicky agt Elise Wodicky.-Repor
confirmed, ard dis orce grated
10 70 Application Of Ellie Gderseeve.osaer granted.
Jason kosers agt john g. Brown ct al Same az. Same
Charles MuEzinger ct al agi M L. Seymour or
deTed
Louisa Lafsrse sy,. James W. O.i,.-stoy revoked
COURT CALENDAR-Tais DAT.
SUPREME CoURT.-CIRcuIr.--Psrt l.. Short
cses)-Nos Ill., 4sO5 687 6Is7 1907, 1879. 1881 7783
1921, A. b. i157. 1895 1891. 59i9 GO07 Par; II tshot
cangr,-No 5l1T $751; 1850 1913 $40 a92 $780, 633 .os5
1850 1915 1894. 1000 1852, 1893, 1894 1922, 1865