New-York tribune., 1868-02-21
THE CIVIL COURTS.

Petitions in bankruptcy were filed yesterday
by TIC Messrs John Pierce, Lucns HuzDlrSer Josah l.
Brown, and Elisha VI. Cole, all OF this city.
Mr.. Frederic Creighton applied for a manda-
mus To compel Charles Schurig the Brooklyn Register
II iefnlt tho examination OF deeds filed IN his Office
the day Of fling on the return day. the Register not APP
pearng, pereinptory order was granted
In the Supreme Court, before Judge CardOzo,
decision was rendered In the case OF Herman agt Low
ensten ian action on promssory loe; au,ense usuyl'
snbseauent to notice Of ria given by hm to defendant,
the being waiver IN any defects In the answer
In the Supreme Court, before Justice Mullin,
for fraud in horse deaing Itappears that Mr. Williams
nrusted from to time three horses to MI sergeant
horses on terms not very favorable 10 Mr. Williams who
aerward heard thai Mt Sergeant had rey 9spo'eo %
them at large pr0d for bis own benefit Ihe Jury gave
Mr. Williams verdict OF 500.
In the CITY Court, Brooklyn, yesterday,
Judge Thompson heard the suit Of Louis Marsteer agt.
Henry and Eliza simpson The plaintiff seeks to recover
alleges stolen from bis saloon, No lS Fulton ave. ny
Mrs Simpson. Mrs simpson has been once convicted be-
go0dsOf the plaintiff and fined SIS Plaintiff, how
having lost property 10 the amount above stated
PENDANTS with having taken IT, and slc5 them for tho
amount The defendants deny the truth OF the auoSa-
tions made against them. The case Is still pending.
In the United States District Court, before
Judge Batcord, the Of The United states ag TIC
Dstillery and Bectfying Place in Foryifhst, closed
on both sides Mr. Courtney, u. :. DstrfctAttOrney,
moved that The Court direct verdict forthe Government
on number of legal points Mr DttemOcfer in behalf
OF claimant, opposed the motion. The Judge said that
there nothing against the rectyilg cstaDi ,ilelt,
aud that he would hold the utensils IN the dlstlrIy
the ground that there entry q the mash made
the Saturday night before the day of SEIZURE ana also 81
the yeast and because the csterns constructed
according the requirement. Of the lav. Tbcreupon "a
dsconHlancc of the libel was entered against the
rectfvinE place and q verdict was rendered. upon tho
direction OF the Judge, against the utensils mentioned IN
the schedule, TO Do agreed upon by tie COUNSEL Rnd
case Of disagreement TO be determined by theCourt
In the Supreme Court, AIr. Justice McCunn
has decided IN motion In The case OF Nelson smith agt.
The City that the provision Of the tax levy OF 1885, pro
vtng the city shall not be liable upon any contract
nO authorized by the net, and no judgment shall be
efcred against them, except proof that the amount
sought TO be recovered sii remains uneXpcnded In the
Cfy Treasury to the credit Of the appropriation to tie
subject Of tho action Is unconstitutional Mr. Smiths
action was for legal services rendered the Corporation in
'sGG and 1 ahd the diense merely that there was
This matter. The plaintiff moved FOR Judgment on THIS
answer frivolous. thus raising the law question: The
following IS Judge MGCunn's opinion; by tins motion,
which in nature Of demurrer 10 piea the plain
iiH demands Judgment as Oh frivolous answer
Tie ground ~ the action claim for rendered
by the plaintiff attorney and counsellor or the
1870 aud 1861 Tho answer propoInds for Defense that
that there money In the City Treasury 10 the credit
OF the Appropriation Tor the specific Object purpose
upOn which ths claim IL founded. The defendants do
not dispute their contract with the plaintiff do they
deny that he has faithfully discharged all his obligations
under the contract The allegations OF the complainant
10 their uilciency in law 10 warrant Judgment for
the plaintiff. The answer inirfposed BY deIendauts
raised single issue, whether the Law OF May T. 1906,
called the Tax Leyy s In respect to tho subject In CON
royersy, constitutional and obligatory enactment.
Aiter reviewing the Tax Levy, Dir. Justice Medium
concludes:
unconstitutional and void. affords no answer to the pre-
seut action