The New York herald., 1871-11-16
SupEBoa C0vRT-SEaEaAL IeRa.
The Cornell Bill for Irsn Work for the Nav
Court House.

Court House.
Before Judges lngraham and Cardolo.
The People, &C.. er ra John y. Cornell rs Michael
Norton ana others, Commissioners or the Ne,0
county Court House. ana The Same rs. the Same ana
the same cs hichcrd D. CONNOLLY Comptroller, de-
1t Will be remembered that three several motions
were mado on behalf OF the rclator, each for
pcrcmptory mandamus, two against The Commits.
sioners OF the New County Court House and one
against the ComptroIler all being made on one and
me same ldavlf, all being heard together and the
OBJECT OF all being 10 obtain payment OF
on bil Of iron work put into the e0 New New
County Court House. The motions were hoard be-
appeals from his order An appeal was now made on
behalf OF Mr. Cornell so far as said order denies the
moaon mo- dlrecSing mat nercmptory writ OF manda
bil The Comptroller and Court House uommission
ers appeal IRON the whole Of the order. Lengthy ar
Messrs. Robinson aud Lawrence appearing Tor Mr.
Cornell Mr. Mcneil appearing for the Commission.
and each pursuing precisely the same I'M;
Q! argument as when the case came up
ili,ss aTss ior hearing and when having been
given ~ ectensO. AS 10 the appeal taken by Mt.
Cornell, and his right 10 mandamus directly
was legal county Charge and was duly properly
and legally audited ~ the Board Of Supervisors az
County Auditor and approved by the Conptlolier
anu partial payment made thereon; that The
inr The bill, the Auditor having performed his dl,fy
IN examining and allowing The voucher or bll the
Comptroller having approved OF the voucher or bin
BY promising 20 pay me '' balance. eiso is there ere
upon became hts duty 10 pay The same or
was no excuse for the Comptroller 70 sav that sInce
tne bill was audited and demand for payment made
mont OF such pils, and especially wnen II il shown
that alargc portion Of such nnd has been misap. /
propriaed by the payment OF illegal and fraudulent
a n ~ MI.
the iorm in which 1t was granted by Judge Sutaer-
land, u was urged that The contract expressly sip-
Board OF Supervisors, anu that the New Court
House commissioners being such SUCCESSORS
liouse ihcy were respons,bie or s he eavsna uoarl
anu, finally, that II on the Iacs presented lhc court
Io9d npt interfere and issue the wriis prayed for.
eithor 10 the Comptroller directly 10 the Com
nissioncrs and Comptroller together, The rciat0r
would he subjected 10 lhe absolute loss OF a just |
dent. and that " would furnish the monslrous case
Of wrong done for which the law provides no |
remedy Mr. O'Gorman inssled nat the fact that the
Comptroller has no moneys applicable TO appro.
prlated for the pay menL 0f thls D Is a perfect de.
fence To tho application for \ mandanus and that
the appropriations OF 1870 and 1871 are neither Of
tnem appncable to tho payment of the REALTORS
claim After hearing the argument the Court took
The papers reservnlg its decision.
Appeal from mn Allowance af sliuHny
Ad,to GdufaDr u.s. simon Gatjnge,.--Tbe plain.
tiG obtained decree of limited divorce against the
defendant for cruel and nhuman treatment. Judge I
Barnard granted the decree, with allmo3y or $50 q
Month Afterwards this opened and sent to I
cferee, who reported IN favor or $3.50 year. The
ase Was @ men taken before Judge Gar,,ez2 who Az
rgued at considerable length, and terminated, ~
sual, by the Court taxing the papers.
n wy~rs 81 Other States Admitted 10 the New
York Bar.
Mark NJ. Pomeroy, Of Wisconsin; Charles T. Red
lond and Francis NJ. Hawley, Of Connecticut, were.
d motion admitted TO practice as attorneys AMI
pnnsellors IN The Courts OF this State.