New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-11-02
THE COURTS.
TERM OPINIONS.

THE DISPUTE BETWEEN THE HARBOR MAsIEh' AMI
THE DOCK COMMIssIONERs-A BANK PRESIDENT
REBUKED-THE PUBLIC PARADE GROUND
Among the decisions announced by the zen
era Term Of the Supreme Court on Saturday was on'
deciding the old dispute between the Dock Commission
ers and the Harbor Masters. Charles H. mallory 70
erected shed on pier No. % East River to DO nseo n
connection with their steamer plying between t'S po'
and Texas, permission having been given by the
Docr Commssioners The Habor Master inter-
fered, claiming that they had no right 10 con
time the use of this shed, and from tnA'
time there suit which, ai'ei
pendine long time in the courts, finally reached 'ne
Supreme Court, General Term 1t came up Oh an appear
from n Judgment rendered at Special Term py JUICY
Brady restraining defendants from maintaining uo
on Pier No. 90 East River. and from interfering Win
the free use of the pier by the public the same was
used before the shed was placed there also from Oh
order denying motion made by defendants TO reier
hack the cause to the Judge who tried IL, Win drec
lions to make specific finding that numerous
steam transportation lines running vessels pe'~eoh
NewYo and other ports, both domestic and ioreIs
have for many years maintained upon piers occuPSu
Inv them similar sheds, without disturbances from .n
public authorities" The court gives decision tho"9
Judge Lawrence holding that If the Dock Commlss,on
err permt illegal structures elsewhere, that IL no rea
sOn why this particular shed should be allowed anu 'no
order Of Judge Brady at Special Term Is c0nfrmeu
receiver was appointed in 1873 under the currency
act 10 take charge Of the affair OF the National BANK Oh
the Common wealth. which had become insolvent, ana
while in his hands process served on the Presden
of the bank in suit brought by the Security banh VI
this city to recover money claimed TO be due JuaRonS
las rendered by default for $4,000 Motions 10 ope
Inc default were DENIED, and on the appear 10 tno
(ientra Term Judge Daniels, delivering the opiniVn
of the Court, says Of the action OF George Ei,ls'
the President through whose nattentlon TO me
OF the process said tue default came: He 10 uso
his ow language concerning his singular and eXtraoi
binary conduct following the service supposine mat
connection Court ceased by the appointment
receiver took OF paper that was server
upon him by officer thereof. and did not 40 80 ~
regard To the summons herein. nor did he INFORM saiu
receiver of said service This Is the sworn statement VI
the defendants President and completely describes
his utter want Of moral well as Official Sense Vi NC
countabty to dispense with all further atemp's ~
chaarcterizing his conduct. mn
On the point whether the Judge at CHAMBERS haa no
the Judgment tue Court says tha', ~ito
the order denying the motion TO open) was d as
cretiopary one IL was order affecting suDstantiai
right and was, therefore, appealable In cohcuson,
the Judgment Is set aside, and the defendant Is
ten days which tO file answer TO the compain''
After the Commissioners Of Public Parks aoandohed
their project Of providing public parade ground at the
upper end of the Island and Commissioners OF Estimate
and having been appointed, tho property
ers Of Estimate and Assessment to 80 on with the WORK
which denied, and appeal was taken Inc HeHeI "a,
Term through Judge Daniels confrns the oruer the
Court below, holding that, the appointment OF Coin
missopere aud Assessment DID not deprive
the owners Of title possession. they bad no supsttn
Commissioners OF Parks Is broad that conferred on
the Mayor and included the power Of dlseontinung
such case when the property has not been actually
taken possession OF.