New-York tribune., 1867-03-07
COURT OF COMMON PLEAs-GEsEE,4,L TENN TEaM-M4ROH

COuRT OF COMMON PLEAs-GENERAL TERM-M4RCh
6-Before F J. DAILY BRADY ana TARp0SD Csy ans S IN
IMPORTANT DECISION TO LAWNERS-WliEN Sosds Ss c,5 ~
THE DECISION OF THE CoURr-END OF THE EAOisS
6Ol.u AIT seAul, and e,hers and 3O5 other
This Is one Of the S06 liquor injunction Sms' anu s S 40
decision the whole number as e Tie question o. S M psS
a ali applied discontinue their actions wtaou. l e
the oOo2t and that these we're cases N which 9e
. R,e Board resisted this Application claiming that the plaintiffs
had put e@O unnecessary expense snd % were & ss @ AZ PRESENT EXISTING
eAs the discretion Of the Court but ha' ne PFC
The Court has rendered decision holding the question Of cost, IN @
,sssreopry allowing the plaintiffs costs IN ss brought
fore s CsrdOzO decision but denying them in the cases commences 'uo
''S9.n;,yii 9Ss sSior,0, I, til. opinion Of the Court
Per The code section s Por 70 Us sns91sps sobs Y l 70
sc,op Justice Of the Peace hs no urso9 ISs &C.
sas]a ] section y 81 Ss5s SIs tT. pd9 9 s4ess @ a '
hs The s q real property 91l & come @ !, & 9p9 ,c y m s5 assault
bae false Imprisonment libel auder, malicious posecgton en
S % nv sS S :. S@ &. sSs U1IS both 1Ss Parties proved
aOn q the Justice ssn exceed ~ &; .t.5 % from iSs
t6 suBdsiOntbe words according 70 section 81 '9d maSss Il
e.SSS %sS. ps re allowance Of costs piE upon recovery all
cases Which Justice Of jurisdiction AID Ed to CON
Inc @ oyass = shs cases ~, s's . u u uasS ' @ s,I
20 olow that TIE plaintiff equity would be entitled to costs
S S s1isI s S0 OF b ssses and st the defendant such
sr bo%sv SOs ay provision Of the code on the under
ton Section 90 provides th IN S'Jr se'ls , & "a % b b1
practice since adoption o. TIE CODE that the other
has disturbed legislation The discretion
the Tae which prevailed the Old Court OF
end ia Court aer the Court
evident the legislature did ud ~ the Amend
section 81 repeal that Discretionary
the amendment nd The Subject II amendment
Immediately Justices courts end % civil actions rs eoniraiis'
tngushsi from econ which e equitable power ne count u nes
s,ry invoked snd intended ePpy 20 them hcush mag be
literally olerW idicate
power 10 award the Of equity accordance h
e PRINCIPLES Of the decree made has existed TOO long however a Is
intended repe by Implication Tbs enactment intended
sbrogae should be in terms clear to leave no dCai Of i5e
dssn theegsue and must therefore that section 800
relating provision does tie respect named
important and authority and bg inconsistent
provisions 800 amended not repealed or M
eaed by the amendment Of 1892 10 follows on ts
kindred the "a be allowed rest4n
Amer the decision Of Judge (rOz0 N wei kno"n
the authorities continued - eufrce TIE Eroe until
Recorder Hac&e which harmony wh tat OF
Ctno The parties threatened aih the slsifat0n OF tne
who relied its uucon,ttuionaIy commenced
actions this Court for protection They we're eotii7i
the duty o. the de1 20 TIE enforcement
e decision referred 20 reversed by ti o1t an
until reversed by Court o. last Tes" Obedience % the
Obligation The public ohcr and tsbecon Of
competent should be regarded ina u, rcetsed
gh Of such officer enforce penal statute IT, however
Of he defendants be epu0nab Dot reason"
ably To ayei that the plaintiff IN the actions commenced amer
Judge CaOE5s decision having relied e law declared thereby
should be compelled The costs Of litigation rendered necessary
by the attempt the defr 70 app Jaw decided 70 Do invalid
The latter brought that litigation upoa remseves and must 'ae h
consequences For these IN M cases brought suquea e
decision Judge be TIE lei-In.s 10
brOught before that decision, costs allowed