The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-17
SUPREME couaT-ssHsRAL TERM.
A Flatbush Contested Election Case.

A Flatbush Contested Election Case.
t Before Justices Barnard and Tappen.
In April, 1870, James H. Mckinney was elected Col
lector of Taxes for the town Of Flatbush, and In
the month Of January, of the same year (which
was, Of course previous to the electi0n) the Leg
islature extended the terms Of ONCE OF the Col.
lectors OF all county towns three years. The act
took eject on the 22d OF April Peter Williamson
claimed that on the Attn of April 1871 "a year after
wards, he elected Collector in McKinny' place.
having received Is votes and subsequently he OBJ
tanned temporary injunction from Judge Gilbert.
from giving the tax book to Mckinney, alleging
that the act OF the Legislature was uncOnstitu-
tional Judge Gilbert afterwards dissolved the in.
junction and Mckinney continued in the discharge
Of his duties. Williamson then brought quo aca1-
ranto suit and Judge Gilbert again decided against
An appeal was taken to the General Term, which
convened in Poughkeepse In May last The Gene
raj Term has just rendered q decision sustaining
the Court below n..,.,...
BY Justices Barnard, Gilbert and Tappen.
Raymond vs Wright-~Judgment affirmed with
costs. Opinion BY Justice Happen
Borst vs.. Levy seems to be direct adjudication Of
the Court Of Appeals governing the question Of
costs Of motion only In the Court Of Appeals, with
stay Of proceedings, il this decision be taken to
In the Matter Of the Application Of the Port
Chester Railway to Take and to Value Lands, &C.
Order Judge mot sitting n.tce
Carpenter vs. Black Hawk Mining COMPANY
Judgment reversed, with costs to abide event.
New trial ordered at Special Term Opinion by
Justice Barnard.
reversed. New trial ordered Costs to abide
event. Opinion by Justice Barnard Justice Tappen
Matter 81 VIII Of Mary McCord, deceased.-Decree
OF Surrogate affirmed, with costs to the respondent
to be paid out Of the estate Opinion by Justice Tap
Holdame ct al vs.. Doyle-Judgment affirmed,
with costs. Opinion by Justice Barnard.
BOand ct al VI. Robertson ct al.-Judgment az
nrmed with costs. opinion by Justice Gilbert JUS
tlce Barnard not sitting.
sherman vs.. Brown.SMotion to open default de.
Roe ct al. vs.. sanger.-Judgment affirmed, with
costs. Opinion by Justice Barnard
Randall VS.. Elwel ct al.-Judgment affirmed,
Barclay vs. Quicksilver Mining Co. Order az
1rmed, with costs. Opinion by Justice Gilbert
Executors Of zachariah smaley vs.. Hopkins ct
al-Judgment affirmed with costs. opinion by
People vs. Collector OF Flatbush.-Judgmen az
nrmed, with costs. Opinion by Justice Tappen,
Justice Gilbert not sitting
versed and new trial ordered. Proceedings remit.
ted to Surrogate the question OF costs reserved
Williams vs.. Acknowledgment affirmed, with
costs: opinion by Judge Tappen, Judge Barnard
De Grove vs. Metropolitan Insurance Company
Judgment affirmed, with COSTS Opinion by Judge
butcher, assignee, vs.. Chatham National Bank
Judgment affirmed, with costs. Judge Gilbert not
sitting.
Loretz Va. Lucius Hart Manufacturing Company
Judgment reversed. New trial ordered. Costs to
abide event. Opinion by Judge Barnard, Judge
Gilbert not sitting
Lawrence vs. Kienan-Two actions-Judgment
affirmed, with costs. Opinion by Judge Tappen.
Cocks vs.. Travis ct al.-Judgment affirmed, with
costs. Opinion by Judge Tappen, Judge Gilbern not
sitting.
Mutual Beneft Savings Bank vs. Sheldon ct al
Order affirmed, with $40 costs. Judge Gilbert not
sitting.
Executors Of Daniel Quimby vs.. Tompkins.-
Judgment affirmed with COSTS
BOylst0n Vs. Observation-Disclosures afnrmcd, with
costs. opinion by Judge Barnard.
Markham vs.. Supervisors Of Suffolk County
Judgment affirmed, with costs.
WOrrell vs.. Mum ct al, Executors, &c.-Judg-
w coefa