The New York herald., 1873-12-30
BROOKLYN COURTS.
SUPREME COURT-sPECIAL TERM.
The $4,000 Libel Suit Again.

Before Judge Gilbert.
In the suit for libel brought by Judge McCue
against Demas Barnes argument was heard yester-
day upon motion to extend the time of answer
ing and to make the complaint more definite and
certain in the Supreme Court. The counsel for
the plaintin said that the time to answer had been
repeatedly extended for the other side until they
had been allowed 70 days in which to prepare an
answer.
Judge Gilbert said that the case could not be
tried at the January term, as 1t would take six
months to reach it.
The counsel for the defendant thought the mat
ter was within the jurisdiction OF the Court. The
complaint united three different causes Of action; /;
as the defence to each was different they could not
answer to the complaint as 1t was.
Judge Gilbert denied the motion to make the
complaint more definite and certain and vacated
ties agreeing to ten days being allowed to answer
IN.
RICHMOND COUNTY TREASURY MANDAMus REFUSED.
Judge Gilbert yesterday rendered the following
decison:-
The People ex rel. The New York Savings Bank
VS.. Abraham Winant, County Treasurer OF Rich
mond county.-An application was made in this
matter for peremptory mandamus to compel the
County Treasurer to pay the interest due on GER
tain bonds. 1t seems that an act was passed
thorizing the Improvement OF certain highway in
Richmond county, which Improvement was to be
This required the consent OF the su-
to nsve Ssen no%
ever, some $4,000 of the bonds were issued, and
when the first coupons became due there was
trouble as to their payment The Board OF Super.
visors refused to put an item of the payment OF
these coupons in the tax budget. Afterward, as
the holders were anxious for their pay and threat
ened legal proceedings, the Supervisors levied
a tax on the towns winch were liable il the bonds
were legally issued, and directed the County Treas
urer to mold it subject to the order OF the Court
Accordingly this mandamus was sought; but, on
the ground that there Is doubt as to the legality
OF the bonds, and direct issue is raised by the
papers as to what disposition the Board of Super
vsors directed to be made of the money now In the
Treasurers hands, and that the plaintfi7s right to
1t is not entirely clear, the peremptory mandamus
Is refused, with leave to issue an alternative writ.
Decisions.
BY Judge Pratt.
l.. A. McCord VS.. J. Chase.-Judgment awarding
possession OF premises described in the complaint
". H. Goodale vs. W. H. Finn.-Motion to vacate
order OF arrest granted. No costs. (Orange
county.
J.W. Sanderson, receiver, VS. C. Eckerson ct al
Judgment Tor the plalntin for the relief demanded
Question OF costs reserved till settlement OF
decree.
BY Judge Gilbert
T. DurDin vs. p DurnIn. Motion for leave to
serve answer granted. Ten dollars costs to abide
event. (Westchester county,
NJ. Smith vs.. J. Johnson ct al.-Judgment for
defendant on demurrer, with costs. with leave to
plaintiff TO amend in 70 days on payment OF costs.
In the Matter of T.. +. Shay vs. The Estate OF r.
Adair, deceased.-Motion to charge executors with
costs denied. No costs OF motion.
r. Miller vs. A. Coates ct al.-Judgment for de-
fendant Moslyn, with costs Judgment for plaintiff
to the defendant Coates with costs, with leave
to Coates to answer in 20 days on payment Of
costs.
j. F. Emmons vs.. A. G. Brunnen-Judgment for
plaintiff, with costs, with leave to defendant to
answer in 10 days on payment OF costs, and on
stipulating to take short notice OF trial for January
Circuit
A. O. Bragelman vs. W. Dane.-Moton to continue
injunction denied and temporary Injunction dis
solved $40 costs.
d. r. Mapes vs.. Board OF Trustees OF Morrisania.-
Referred to 0dell Close, to be heard at White
Plains, Westchester county.