The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-20
SUPREME COURT GENERAL Term.

Salaries OF Clerks of Police Courts.
Isaac j. Drake VS.. The Mayor, &c.--This was one
Of four actions brought against the city by clerks
OF the several police courts for their salaries which
Comptroller Green had refused to pay. Palntil
clamed for salary from the LIST Of September, 1884,
to the LIST of August, 1872, as Clerk OF the Fourth
district Police Court at the rate OF 81 500 per an
mum. On the trial below, on the 23d OF October
1872, Mr. Justice Leonard directed the jury to find
verdict Tor plantif for his salary from January l.
1877, to August /, 1872, excluding the claim for
1871. From this Judgment an appeal was taken to
the General Term.
The case was argued at the March term Of that
Court Joseph II. Dukes appearing in behalf OF the
plaintiff and David J. Dean for the Mayor, &C.
Judge Davis yesterday filed an elaborate opinion in
the presiding Judge lngraham and Judge
Fancher concurring) sustaining the legality OF the
plaintiffs appointment, which was one OF the
points disputed, and modifying the Judgment be-
low SO as to embrace the salary claimed by the
plaintiff well for the year 1871 as 1872. This de-
csion OF the General Term disposes not only Of
this case but also OF those hereinbe0re referred to-
Decisions.
BY Judges Ingraham and Davis.
Morgan vs. Whitaker, Jr.-We think the case of
Beil vs.. Palmer $50 Barb, SID decides this appeal
Fuller VS.. Bamster ct al.-The afldavits to show
Bamsters participation in the fraud are insufficient
to charge HIM. Order OF arrest as to Bamster
vacated and defendants stpulatlng not to sue or
proceed on undertaking.
entitled to one bill Of costs to the Indignant each
defendant to costs of appeal to General Term, and
one bill OF costs to defendant in Court OF Appeals
without costs on this appeal.
In the matter OF Lcchenstein VS.. The Commits
siOners Of Charties.-Judgment reversed.
The People eX rel. Corrlgan vs. The Young Mems
Father Matthew Benevolent SOciety.-Order
afnrmed
Jones VS.. The PeOple.-Judgment affirmed
Smith vs.. Acknowledgment affirmed with
COSTS
Meyer VS. Hureke.-Judgmcnt affirmed, with
costs
Faunt vs.. Stuyvesant. Order granting allowance
reversed with $40 costs.
The New York Guaranty and Indemnity Com
pany VS.. Flynn ct al.-Judgment afirmed.
The People eX rel. Oldhome vs. GOelet.-MOtlon
denied.
Smith vs. Sonnekalb ct al-New trial granted;
costs TO abide event.
Palmer VS.. Hussey.-Order affirmed, with $40
costs.
Van Boskerck VS.. Hcrrck ct al.-Order reversed
and motion denied, without costs.
Whelan vs.. Lynch, acknowledgment reversed
and new trial ordered, costs to abide event.
Grisser VS.. Stuyvesant.-The Judgment on the
demurrer, so lar as 1t renders Judgment on the
complaint, is affirmed. without costs; SO much as
dismisses the complaint is vacated.
Pacific Mail steamship Company Vs. The Great
with costs.
Drake VS.. The Mayor. &c.-The plaintiff entitled
% judgment on verdict for salary at the rate OF
81, 500 per annum, with interest and costs.
Ormsby VS.. The Vermont Copper Mining Com
pany.-Judgment affirmed. with costs.
Steinard VS.. Phoenix Fire Insurance Company
Judgment reversed and new trial ordered, costs to
abide event.
King VS.. Knapp.-The same.