New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30

aru'e aud ordinances IeeTed e ny he counsel for the
c1nIls AID slso The auuoriie, e,1d BY Dim ard in 10y
,rre.t IN the rased by The complaints olc. ,n
10 come into Ibis Court Gud demand the cvcrsr % - f"-
tranins power or s decree saung the su!e -soe by the
!; ~ ascu.cry principle dat paai must lavc an in
terast t.e naii" Of the sunot that general inter
ct which al niaAd I've ia VIC ili ana hon-s' if .
sa,es mqndre corporations. aud individual but an interest
- ,resned rompl1ined Of The power Of TIE city TO sell
s real estate Is not denied power purchase real
estate. d. not md ~ t' statutes or ordinances any uss
npo.ed 0u this city Tie violation Of which viii sect the
interest, Of the people OF the state At large Ii tho city az
corporstou drirauded in The sale TO Nanun, l. hl ia
The people Of he whole State ,re called upon to eke
gcou IN hi Courts for the protection ~ the interest rgh
OF the Municipal Corporation Il Newl OH any more ua OF
such h Of other corporations of individuals Nor have the
People 81 the state any more night 70 intervene and art c
action Of the City IN matter m reference end over @heh %
authority of the City extends gn they have In tn case O."
private corToa'ion indidual' refer y course to IN
PREVENTION by ciyl action M the Courts The b"-sIie
may enact laws changn the powers Of municipal corpora9h
and deriving them Of powers previously possessed bu
Courts reference TO hs existing a. The TINE hel ee'h
and Judgment nyotedand IT, BY the law The plaintiff has
in the matter complained Of he ran have no night
complain, though others who have an interest may
IA have said do not iud Ia the statutes ordinances any
in favor Of The people OF The state and the Court OF Az
peals held upon the facts IN TIL, case that
taxpayer IN the city hsd such interest as entod MN 20
maintain en- action Roosrvctv Draper. % ~ y r. 30 In
Gaze think, II was fair msii'r OF argument whe,e
Roosevelt had not that kind Of ntert which would give i
standing Cont for it, protection bit the Court held other
wise IN referred Dser's Reports tire city a.
the Court held about 20 erect public nuisance and II was
h. that the people Of the State should be patty There
question of nuisance in tie present So IN the cas-.
ed M Pet So the question % the ur-dicon of Courts OF
Equity in CaseF Of public nuisance IL considered - ,
In he Attorney General ust Cahnrt Co. Is Paige, 1891 the
state owned The properly tie canal which ~ be injured
b. e threatened act Of the defendant Tie csse cted nom
an hyue Crfg n, information hled by the Aor
uey r sac rraon Of CERTAIN r4.epayers in the bo,
uugh # Poole IL held ths' the Court Of thaBccry ed
jurisdiction prevent the Town Council Of boroslh nom
the powers given 20 them by act OF Parliament re-
fefrcd TO- The Lord Chancellor examined The tstue and
held that crested trust IN tho Corporation OF the borough
fund and aid that he information sought to protect such tIlst
d and be- lcd that the had it. ordinary ursdc'ion
T. The il not authority for sustaining That ac'
ton But will pursue the qucop fyther, being aaiis
ted that the State hes rf 20 into Court on account
OF the grievances complained Of.
The statute eR s. g NAB 1t the duty u the Attorney
General prosecute aud defend actions in the Courts IN which
tine ole Of the State shall be interested does not help TIE
matter have applied the very which the Legislature
applied viz: irer.t Nor do tie provisions m tire ercs
"Of Proceedings against Corporations in Equity (RH >,
ss rhrneo the present ease There must be Judgment FOR
,e def ndsut demurng dsmssng the complaint with costs
John Z. Bun for tie Plaintiff the Hon. VIM. T. Allen ior
The defendants.
DECISIONS.
Waterbury ACT. The Mayor. &c.-Iudrmcnt for
the defendants upon tie demurrer with leave 60 plaintiff 10
bInsud payment 81 costs
Mackay sgi. NcMiunes ct al!louon for new irl de
MED with costs.
sURROGATE's COURT-sPRL eo.-Beise Surrogate
TUgRIE.
LAST WILLS AND TEsrhHENIs.
During the past week the lHst wills and tcstamcnts
o the f,o ing mined yr.ous have been admitted 10 probate
nE- VIM J. Nredcuburrh Io-crzo Jarvis, Nn. Nch'leis
Richard T. Kelly May Ann Eurdotk and Peter BE auy.