New-York daily tribune., 1866-02-22
LAW INTELLIGENCE.
SUPREME COURT-GxYERAL TERH-FKB. N.-3sfal
JUDGES BARNARD CLHRKs snd lSGRAHAM
THK KlGHrEENTU WARD MARKHT.


Judges BARNARD. CLERxs and lsaRAHAn
THR ElGHrEENTB WARD MARKET.
A"o eI re the Com mnssioners Tor The erection
rSSue MHarse' &c. sgt The Common Council Of tho CtU
This was an application on the part Of the relaton
10 compel the Common Council pass ordnance creating
IT'S 900 of stock for the Of public market the
properly pu,,nassd nom L9woer for market .te In hs
granted the which reported al the time
From that order the Common Counc appealed the Genss
Term, which hos affirmed the order Judge Cerke DELIVERING
oLzRKE Jon tue argument the only points taken bytss
Counsel for the Corporation were h that no action upos
the part OF the Common Council was necessary TO the
on Of the stock in question: and second that the Comnos
As the point the Act sws OF 1866 2l directs
ana authorizes the Mayor Aldermen and Comnonaty Of s
non0ated Msfse Stock" oT the amount Of $1,000 ana
directs the Controller Of the City to prepare and hsoe
DO by the Comus,ioner WHIST stock The said :toch
That is the stock which IN the preceding the ayo
Aldermen and Commonaty OF the City Of dteces
create The Controller evidently prepare and ISSUE
no other STOCK that mentioned IN the @ section sne
any acon relating any other would be null ans voic and 81
course the STOCK would be utterly worthless .
H. As the point that the Common Council has no duty %
the REALTORS The language no not Of the act We
l.. The Mayor Aldermen and Coumonay Of the Sfy
Ne.York hereby authorized and directed % create
pubic fond or stock &c Inc words ooninJn % woumo ~
appear the The Common COUNCIL however, cS~
s,tue the only agency fundamentally by when nn oS
nest o. the Supreme Legislature eau be ooeyed Ie
Aldermen aud Commonay act IN no other po"iDe w
In the premises than by and through the Common CoDncS
They cannot compel the latter 70 do 20 Inc ayol ~
and citizens generally who. suppose, constitute 20
1
create this and the Council could then
sble method by which the Common Council be COM
PEELED to do SO by application to TINS Court "bh eous
Issue mandaras capable OF being enforced Ihs pons
has been frequently determined by authority in the language
Of Bronson j., Mccullough agt The msyor Sc OF nrooS
the dnty Of pnttins the necessary machnery in motion Is i'm.
posed In the People ag the Common Council OF syrscas
Of the corpo1ion ba, the Common Council had .hs
machinery motion, and accordingly the writ was sues
han he
have discretion in the matter az IN ordinary cases o. ma
nicipe legislation they mas, coey e pH Coun
ell Of Pitt.bnrsh "a Penn L. r. 49e Archibald Practice
the Cis & .Da on F IFGppPbs bect are Collected
/ The order should be affirmed with costs.
Barnsrd r J. concurrrd; Ingrahsm J. dssented
! Richard OGorman and William G. Tru for rsspontsnfss
| Cephas Brainerd aud James s. stearns for relators
| CIRCUIr-FEB 2l.-beioTe Justice FOSTER
THE BROADWAY RUS-ovER.
fse ~. sicAessgt. William r. Liney
In this case, reported Yesterday me jury D.ouRns
In sealed vcrdie, for the plaintiff, assessing 80 1asT
90 CuAxBrns-Fxs 2l-B.fo,s Justice isssAHax
| DECISIONS.
Edward NJ. Hall agt. Christian S. Storms.-Mo'
George Wade .g,. william 8 Ford.-Moton granted saa
reference ordered appoint suitable asreceiver
rrsated on paymen Of socoss If The an.wsr T. dsfecvs
the plaintiff demur move 20 make i more diicat
William Emerson agt. John b1hei'-A'uon aelie'' win
Lenuel sinon agt Charles Pierce-sioton rsnted -
psynen Of the Of last and 10 Of motion
Ellen Kable AIT. Godfrisd kable-Repor confirmed sne
udgmsn. Of divorce granted Custody OF child s"Hdsa
plaintiff -
Albert Cornell ay George " HouseMotion denied VIII
WIN IL Brett ss,. II. Z; Browni Owen c. Owen .ss. 70
Henry W. Barnes agt Maria A. J. Trscy.-Judsmss
! ordered.
In re the attachment Of the Of WILLIAM Notice
sfaniec
spgcrAL TERN
Edwin J. Genet. agt Meredith Rowland ct Al
ha Mai isu ed 10
directed to De tried at the Circuit"
Hand ag. the Wilamsbnrgh City Fire Insurance Co.
Verdict aside and M granted costs to abide event.
SUPERIOR COURT = SPECIAL TERx-FEB ,l-Bssou
| Justice ROBERTSON.
| DECISIONS.
Joseph NJ Lane agt. John b. Borst. .--MotoD
granted 40
Terence Mcclure sgt. CORTLAND, Pamer.-DecsOn with
CLERK 4, Special Term.
james ta1ett AIT James Motion granted thslisn q
former attorney any papers for amount due TO ss
Lew Folsem ss, Corneiu, Mevra-MOon denied with ~
costs.
Chgge Wolf agt Joachim Tochaman The order for sah
! s.itution granted without costs.
August Supp Henry kensngMotion to continue The
Injunction denied with : 10
Christian Trssner ast Francis Eb.hsrtt-The moon eos
| Q tTia. must be denied with : 10 costs.
Msry c. Lille sgt. Benz II. LileThe cause must be 70
ferred back referee for further evidence.
| John H. Dingle agt james MoMtlan.-Moiion granted
| COURT OF COMMON PLEAs-SPRcIAL TsKx-FHs H.
| Before Judge CARDozo
| DECISIONS.
| Abernethy agt. The Society Of the Church Of the
| PgritanA-Findings settled.