New-York tribune., 1866-04-23
Judgnents Against the Cisy-I.esg,h or Time
Not n Bar 20 the Cisy's Motion to Open a
Defnuif


SUPERIOR COURT-sPrcIAL TEEN-ArmL 2l.-Befors
Justice MoyEiL-
George Greer and Ann Greer ag. The City Of Sew.York
This was a motion 10 yacate two judgments obtained
by the plaintiffs husband and wife against tho city In
Of damage their property by the famous draft riots
IN this city The wife the In fee Of the property
and tho husband merely tenant by courtesy having life
in the property The husband however Obtained the
larger verdict owing to mistake IN computing s LIE inter
by the Carlyle AuIuity Tables instead 81 the NORTHAMPTON
tables The Judgments obtained during The term Of Office
OF Corporation Counsel Devn but on thd accession 70 oce
Of M Richard Oorman the mistakes discovered and
motion made for leave to retry the cause or TO open the
oruteya few weeks by Messrs oGorman and lra for
the ciiy and Messrs C. l. SANFORD and Woodruff on the
other side One chief points ly the pi-int
torncys thsi this motion should have been made imed
sey after The entry Of The judgment, .i NE sPse Of time
less the plaintiff, accept smaller SUE % th5Vs"7'
wv" actions were brought against the Corporation Of the
civ Of 70 damages for inary 20 the bed
ing 90 south east corner Of Broadway and twenty
Known a. 40 l92 Broadway In July 1873 mob Of Ioieis
sitsoksl The building set IL IRE, and t totally DE-
sroyed Of such aoious wa brought py the stn 10
s conrey tafs ard the other 0 such brought
y Anp Greer wife o the plaintiff 10 for injury
Ted by Justice OF this and jury and re,isd in
OF the Injury 20 the plani estate io ior
which with interest he obtained verdict motion
was ade upon the justices minutes of new trial which
denied Judgment was thereupon entered aud tho d
PENDANTS appealed the General Term Of this Court from both
the Judgment and order The case made by tho deieAdan
for The purpoe Of presenting The questions Of issi and law
Of the evidence given % the lis and only single ercsp
ton namely the ao vance Of interest Certain facts we're
ad to been established namely the nature OF the plain
t estate the destruction of The buildings and the vaae IN
money Of injury 30 tho plaintiff NE estate bul no eva.hee
was furnished 10 the Court to enable II 20 determine whether
the plaintiff damages were ascertaned upon correct primer
pies There being no evidence 20 review asa t,s G oI &
lions taken being considered wholly unenaDs ths CsuI
frmed the judgment and order The action brought y Ann
without uTv Proof was addaced which established the
whole Of the property destroyed at and not exceeding
tanned to The Justice theFeupon computed the value OF
his life estate the principle applicable TO ne annue
and deducted such the gross value OF the
1 eriy destroyed. and gave Judgment IN favor Of Ann
Greer for the remainder In aseeang The value " he
| whole value d. e.. t37t0O At six per cent and mutt
piled tho interest by number Of purchase fur
nished by the Carlyle annuity tables hcomPaation
directions contained IN TIE bth RUE OF
TSe sae Of Ana 6ree estate a. the owner Of the Fee
established. s237 7s Taking however me sun OF
tate and OF s2 7ei recovered by Ann Greer a the
OF her estate we have an aggregate OF sJ or sst
than the entire and highest premium tsiue VI e
property destroyed motion IL now made 70 set ASIDE va
open the Judgment recovered IN yor OF ueog
and fr tal or that the defendants De perm'ea ~
renew their motion for trial upon the minutes OF the
Court and for reseltlement Of the case prepare G vr o
peal by inserting therein the evidence gysn on tne @ @
Tor reargunen thereof Upon this motion u now appears
George Greer suit which was necessary enable he jury to
value Of his life estates ana II urher appears
oof OF tho present the rents and profits Of the pre-
ses for year and multiplying such y11o by The number
duration OF the plaintiffs life No deduction appears 10 nave
been made m aIe repairs OF me TWO iomes O
reduction or rebate Of Interest upon the annual rental hns IN
effect paid IN advance for the ensuing x or seven years
the ground that through mshAe m
adverence otherwise the plaintiff has ~
least o. than any principle properly hppchpo
10 the facts he Is entitled 10 recover 40 no' o
terain doubt that the plaintiffs recovery was 700 &
am therefore clearly OF the opinion that II no "sl 'su %
ncip OF law OF the practice OF the court u 'oateo tn
ought opportunity 10 correct he error
The mower 10 DO given n express terms p le sec
tion OF the Code which provides That the I.s
tion and upon such terms as sna De J .ay sn., bn
from Judgment other proceeding TAKEN asan % h
tbrough his mistake inAdyertence surprise OF etcushDo
neglect cannot persuade myself that the mode OF
ing the damages this was adopted by inc oouI ~
ssseued 10 y the Corporation upon ia ana
of the Indeed does not appear hht hny
question ms 10 the OF the rule was seu on lno
trial and 10 have been taciiy assumed tna' ,eh
the correct rule. am. therefore eu 70 eo, y, Ia
ina1yerence or perhaps excusabe neglect or mistake o Is
tho defendants the case was hoNeu 10 ~
iury upon deem TO have been clearly ~
damages Under such circumstances can nave 40 -,
An openipg a reinyesgaon the
neglect excused Great ldeAfs ID SEEKING rei
mistakes are generally complete answer to motion ioi
relief; and viii always and very proPetiy h
closely ANY attempt 10 avoid consequences, "heh par
broneht upon by his and great deIay ID a
plyins for relief is always Circumstance OF suheion' ~.
vii incline the mind 10 doubt the good faith OF the apphca
But where there reasonable ground 10 question the
be and neglect excused there should p DO
luetence 10 afford relief This action was defended y ne
Counsel 10 the Corporation. who Is the law ocer o. ne
CITY The Of the defendants put IN issue al Tue
ons IN the paints complaint The action was tired AT he
and evidence 70 estabisb the
of action ana the which the jury were 10
The naint damages given and the jury were instructed "
adon the rae claimed by the phinn and aseneo
10 Counsel the correct rule Inc ease o
the appeal heard the succeeding October genrA te
and decided az the Noye Der general term me
he Office Of the Counsel Corporation during these pro
cedngs succeeded his oee by the present couh o
tho OF January last and the pending suls anu