New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-27
THE RING CIVIL SUITS.

,NcrEe0tl'S DEMURRER SUSrAINED-llE COUNTY
.,.r ~oT THE STATE HAS TIE RIGHT TO SUE.
In tbe sult TO recover six millions brought
IN tie name Of The People of the state OF NeW'h"ik
All william NJ Tweed James II. lngersol ana DINERS,
dcuurrcr Was nut, ia 10y Ingerso that the plaintiff
had no right sue, having no cause OF acuoh'
,ot,on IN dismiss the complaint this demurrer was
argued IN Special Term of the Supreme Court before
Nudge Harden during the February Ietm McsSrH'
trCouor Evarts and Peckbam cOntendod that the pam
IN had a good cause Of action, while Messrs Flelu'
sorghton aud Root argued that the plaintiff could not
maintain an action. Judge Harden had the matter
under consideration until yesterday when he announced
ms decision sustaining the demurrer and denying the
right a the People OF the State 20 recover under the
Irosen complaint
10 . long opinion, IN which he cites numerous decisions
ri other courts his Honor states IN detail his reasons
for arriving al this conclusions He holds that when the
bonds (ou which money sought 10 be recovered was
,a,sedl got into the hands OF bona ride holders. they
BECAME binding debt against the county, and that
when the proceeds Of their sale came Unto the
Chamberlain possession, were deposited with MN
aA County Treasurer, it was under an act properly
applicable to the payment OF liabilities OF TINS county
Ne holds that under the act Of 1870, the Controller
h. paying ont this money discharged duty for the
eounty that instead Of complying with the statute 1t
ens alleged the Controller cOnspred 10 pay out and ala
nav out 5000 geo fraudulent caimsto recover "hch
she .n IS brought that there is IN these facts good
nse Of action on behalf of the county; that every ac
sion must under the code be brought in the name OF
she rtv really In interest that the real party in inter
81 in this suit is the County Of NewYOrk and that the
r.sent plaintiff the People Of the State of New-fork,
tsnuo, Ia any Just statutory be regarded as the
real party interest.
He says further that the complaint does NOT alege IN
s,press terms that the plaintiffs have any real interest
In or title TO the moneys sought TO DO recovered that
te facts constituting alleged cause of action do not
show that the plaintiffs have any legal title thereto or
mat the plaintiffs real party IN interest but that
o. the contrary all the facts stated sho" very
r1,arIy that the County Of New-Eurk is the real
psyty IN interest. lie holds that the SUIT
cannot be sustained by taxpayer. ann that,
believing az he that the county has the right to sue
M p,.sept raintis maintain their action unless
,brv amend their complaint and make the County OF
Res. YORK party either plaintiff or defendant. Tie
,nrcestou Of counsel for plaintiff that the amendment
,ould he made on tra he considers doubtful, In con-
eiusiou, h. says;
No do,bt is entertained 20 the liability or Che de-
tudanf nc,rsou a. well as the other defendants 70 c
.a for the general fraud in which he has been par
tcpnt uut hs demurrer 10 the complaint must be sHS
tued because the complaint does not state facts Sul
rtto constitute cause Of action IN favor Of the plain
r., The People Of the state.
The demurrer Of the defendant InGerso will he Gus
i.irea With leave 10 amend twenty days upon pay
utLt ~ ruetS.