The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-04

lawfully assessed upon the petitioner ami the other
owaers OF the and within loa ieet on each sue OF
avenue.
required bV the act Of April 1868, upon the prop
erty benefited thereby IN proportion 10 the am ount
oil such benefit, nor as required by the ACT has u
peen ascertalned how much OF said expense should
be general city CHARGE
FUh-The items set out specifically above 10
grading, old aud new curb, &c, were Improperly
included In the assessment.
st1th-In The warrant fer the collection OF assess
ment the collector Oh taxes and ses>inens was I'M
lawfully required III case OF the neglect or re usa' OF
persons referred TO 10 pay the asses smenis TO
toge with the costs aud charges Of such expense
anu sale.
THE DEFENCE,
FhSt-OuestiOns the jurisdiction OF the Court 10
grant The rellef applied lor, ana AYERS,
Srcond-1htt 1t has no Knowiedge or information
acn to form ose ~ no tue Of The
petition, amt II, therefore, denies each anu Oh OF
SAID allegations
described III tie second subdivision OF the petition
was aid al aoout the time then alleged
KOath-lt denies that there were any frauds or
Irregularities the said assessment or IN proceed
ings to collect the same.
one time paved at tine expense OF the aoJacent
owners. r,, .,.,u,
ITS regularly instituted officers and agents. In
sooa n snd n Just aa aa 9nes eT Sas
caused the improvements referred 10 in the
petitions to be made and that such city there.
alter, as by statute IL was c0mpelaDle ana bound
10 do issued bonds signed by Its proper financial
officers, ana thereby, upon tls creut and promise 10
nay III tnreo yenrs from the date OF such bonds the
cost OF such improvements. and has now as by
statute II c0mpellabie TO do. paid out and dis
bursed all such moneys 10 delray the cost OF said
Improvement which Is now Complete.
Senentn.-,t further AYERS tnat such Improvement
was made with cut fraud or COLLISION on the part
OF either or anv ol the oncers. aud upon me petl-
Ei0hth-ihat the improvement was strictly local
in LIS character, and was, III It's KIND and nature
cuoho nuua nNI
ment LEVIED on the particular localities AUDITING the
same.
the petitioner, and Corporation U0unsei De WITT,
Assistant corporation q unset Johnson and District
Attorney Brltton Tor the city. The case was opened
on Dena OF Mr.. Colt by Mr.. Tweed. after which the
formers ownership OF the loCs assessed rs stated
the manner In which the work was done and as to
the making OF the contract The cass not yet con.
Guided.
Louise Matilda yanderbeck vs.. Herman Wander
beck.-The plaintiff sued Tor an absolute divorce on
the ground OF adultery. she was married to the
defendant In June last, but after her marriage ner
husband sought the company OF other women III
Ine case was sent TO referee. VINO yesterday re-
ported IN favor OF allowing the divorce applied IOr
The report was confirmed.
Ihc Rockville Centre Church Row.
Before Judge Tappen.
The Trustees Of the Methodist Episcopal Church
at Rockville Centre, L. l., vs.. Charles r. Corner
This case was reported in the HERALD III November
last the time oil the trial. tits an action OF eject
ment recover possession OF the parsonage OF The
church. The origin and circumstances OF the trou-
bic were publsheu IN THESE columns, but u brlef
recltai will not be mere out oil place.
For many years there has been a church near
Rock nile centre known iahiia,y as "Ihe Sand
liOle Church." AMI a parsonage was attached 70 II,
the possession or wnicn Is now IN dispute ROCK
vile Centre and Pearsall's Corner, two villages
wItnln mile or this church, have WITHIN a few
years past grown very largely, anu Methodist
church mas been erected IN each OF these villages.
The detendaut, Mr.. Corner, was appointed pastor
OF the Rockville Centre Static and directed to
hOld his main services In the cnurcnes at the vii
lagos. and also to hold miuOr services at the 0ner
church. the plaintiffs, not satriled with this ar
rangement employed pastor OF their own; but
Mr. Corner had possession OF the parsonage, and
they consequently Drought inls action that they
might have II Tor the pastor OF their own church.
Tue case was tried November, when all the
testimony on potn sides was heard, and the sum-
ming up OF counsel postpone until yesterday. EX-
Judge DicKenson ana William II. Onderdonk
summed up tor plaintiffs and Judge Arnsli ong aud
ex-Judge Reynolds for the defence. Decision re-
served.