The New York herald., 1867-01-29
COMMON pLEAs-seHeaAl Term.

Moeisn thas she Injuncsiens Granted 70 the
Liqnor Dealers he Vacated without Costs.
Before Daily, p j.. Brady and Cardozo. A. i'll
special session Of the general term OF this
held yesterday for the purpose Of hearing arguments in
the motion vacate the inuctions which granted
last in the OF the liquor dealers Of the Me-
tropotan district without costs Very little interest
appeared be manifested persons being present
a court impression appearing generally prevail
among the liquor dealers that they win have TO pay
the costs OF their suits In manner and docs
matter much how IL s collected. The counsel for tn
plaintiffs representing Peter Doau and about three hun
red others against jackson Schultz and Others open
ing the said that he moved in all leave should
be given TO discontinue these suits without costs the
OF George Holt and others had been commenced in this
court BY granting injunction, and that this court
ional @ and void After some discussion IN regard
TO those parties who have already paid their
costs or the pgrposc Of obtaining hcense Mr. McKcon
proceeded for the plaintiffs by stating that the police
thorcs had denied that they bad issued orders
and that no member Of the police force ever had The
power cause persons TO be arrested - stated in the
complaint; and II any person had acted had been
wholly without the knowledge Of the defendants The
which decided the whole OF these made
up, and that the reason Why he spoke OF IL as .
'bogus decsion,n no. NJ bogus court They were
Obliged submit the decision OF the Court o Appeals
without having fair chance TO contest H. The conduct
OF the Court itself recommendation for the plain.
tits to apply for ipuncons stop proceedings srainst
acting
Mr. Biiss counsel for the defence srgned that costs
should be allowed because under section 30 of the Code
of Laws, amended 10 1861 amended read fol-
lows: Costs shall be allowed. course, in tho action
o. which the Court OF Justice Of the Peace has juri
dction," and said that II would be hardship for the
plaintiffs to pay the costs for they bad not bcen Obliged
obtain license until eight months after they should
have paid $3.50 year II they could not get the
IN this al all, they entitled from
the undertakings on the Injunction.
Mr Eaton counsel for the defence then proceeded to
srgue some length that section 304 Of the Code
amended, in conflict with other portions Of the
Lac should be construed not to destroy the whole
effect OF the law would do II the Court held that
the section applied only 10 cases at law and not to equy
cases
ExRecorder snlth said that he represented one hun.
dred and fifty causes II novel question that
raised there thai the equity side Of the the
discretionary power vas taken away from the Judge
with regard 10 the question OF costs He had listened
sttentvey, but he had heard nothing which would
cause him to change the opinion which he had formed
that question. careful examination of H. the
right OF the Court IN case OF equity TO deal with costs
they the rules Of equity should require Unless
that statute absolutely repealed the courts william
terpre according tho evident intent Of the Iegisa-
ture az The time the statutcwas framed.
Al the close Of the arguments the Court inquired how
many cases still remained unsettled, when Mr.. Bliss
stated that there about tive hundred and thirty
which would make tho total amount OF oosts 10 h
tied $53.000 Decision reserved.