New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-02-26
LAW LyTELLIGENCE.
FERNANDO WOODS LEASES.
A yrRY TO PASS UPON rnE rssuE.

/
In the Supreme Court Chambers yesterday,
Judge Cardozo decided the case OF the Mayor &C. agt
Fernando Wood aud Richard b. Connolly, Of the lit
cations growing out of Mr. Woods leases OF Nos lis ana
M Nassans for city Offices In the motions IN this suit
made 10y the plaintiff for the settlement Of Issues and by
Mr. Wood for the dismissal Of the reply for yolousness.
Judge Cardozo has denied the latter and granted the
former In modified form lie thinks that the only real
issue raised by the peadings whether corrupt agree
ment was made by the Mayor euther) with Mr. Wood,
and sends this Issue TO be tried by jury The following
is his opinion.
The defendant Wood sets ap, as think he had. tho
which he insists duo 10 him from the city. Hssa mis-
take 10 suppose mat the repy to that sounterelam 10
allegations which arc material end necessary TO sustain
the countorcaim such reply may be f1se but II can
not be frivolous; aud rs the motion OF the De
PENDANT only - supported and Is based upon
the theory THAI the rpy Is frivolous, 4 y obylouS
that that Application cannot prevail mat matter
being thus disposed of there IS really nothing
TO decide because so lar nom opposing the oon Tor
jury trial. Mr. shea, on behalf Of the deendant rather
Invited that course, il should conclude That nc Ens not
now entitled 10 Judgment upon the peadlDgs have
looked carefully into the peadngs fos the purpose %
ascertaning what the isstes should be- would not be
lions rs Mr. Williams proposed The defendant 4 en-
titled TO know precisely what be Is required 70 rect
contains general allegation that other cor
rupt and fraudulent arrangements" were made be
Mayor and some OF the members Of the Common Coun
Gill; but such averments are never considered slncens
made entitled to have the allegations specific
and defnite otherwise the greatest njasticr might be
done him. however innocent, by being surprised tire
trial by statement Of points Of supposed fraud then
for the first time presented and which, from want Of no
ce he might be wholly unprepared 10 dsproyo though
they might bd really utterly grOundess Fraud must MOI
De lightly attributed 20 any and the person assert
fact TO base upon he must net make sucb
charge and II he has the facts There IL no hardship IN
requiring him specify them. This the only just and
sensible rule. ind bat issues specifically made ~
pleadngs for determination OF Shch there con be
slightest necessity Of the aid Of juIy They were
Did the defendaDt Wood. about the month o.
December. 1885, agree with the person then being tho
Mayor OF the City OF NewYOrk In substance or 20 ne
effect that in the Boards Of Aldermen and Council
men, by a vote Of majority Of each OF said Bcards
should pass and adopt, and the said Mayor should
sign, approving the same, resolution o.
the purpOrt set forth In the complaint yfzs
ResOlred That the Controller be and he Is hereby au
tortzed and directed to the leases expiring
OF premises for the Of the Law Department Nos lM
and lit kassaust for period OF ten years, at the fol-
lowing rates, viz. The Office of Corporation Counsel.
$500 annum for Office OF Corporation Attorney c0,
and for Office OF Public Administrator 5000 That he, tho
said Wood should ana would pay 70 I've paid 10
the said Mayor, and 10 such OF the Aldermen and Coun
cilmen should for such resolution, 70 be dis
tributed among them the OF Si 00o or any other
Sccotld; Was the resolution aforesaid passed by
the said Boards OF Aldermen and Councslmen aud APP
proved by the Mayor, under or IN pursuance ef snch
Those two issues therefore see, ana or
der TO tried by Jury The Circuit at which the trf
shall take place DO determined when settle the