The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-10

remedy was by action at law. They appealed to
the General Term, where decision was announced
yesterday, Judge Daniels giving the opinion.
The Court holds that the Comptroller's answer
that he mas ''not collected from the assessments
and has not in his hands the amount required to
pay the claims made or any sum whatever" and
that what had been collected was paid out, was Q
valid defence against the granting OF the writs;
that the relator, Bagley, was subordinate OF the
Commissioners, and had no right to resort to the
vices were done for the Commissioners and they
must pay him, they alone oeing empowered by the
was their province to disburse 1t among the SUBJ
ordnates employed by them. AS 70 the Comm asr
proper remedy Is by action OF law.
Validity OF Paving Contracts.
John L. Brown sued the city upon claim for
regulating, grading and setting curb ana gutter
stones on Tenth avenue, from Manhattan to 156th
street. and tagging sidewalks, under contract
with william NJ. Tweed, as Commissioner OF Public
Works, in September. 1870. Judge Van Brunt, in
Supreme Court, Circuit, dismissed the complaint
on the ground that the contract was not founded
sealed proposals, and that the certificate OF the
commissioners appointed under the act OF 1877,
that they were satisfied that there has not been
any fraud in relation to the making and entering
into the contract, was not in accordance with the
requirements of the act requiring them to certify
that "nO fraud has been perpetrated In relation
thereto or IN the performance thereof" The Gen.
eral Term yesterday afflrmed the Judgment.
The Big Pipes.
suit was brought against the city by John B.
called 'the big pipes" The suit was decided
against HIM, and yesterday this Court reversed
the judgment below and ordered new trial
Pay Of Police Justices.
Arson p Smith, assignee OF James Coulter, Po-
lice Justice, brought suit to determine the ques-
ton whether Justice Coulter was entitled to
$4,000 or $4,000 salary. The Judgment OF the Court
below was for $4,000 salary. The General Term
Yesterday reversed the judgment and ordered
Decisions.
Hilderbrand vs.. The Peope.-Writ Of error dis
missed Opinion by Judge Daniels. g.
Copperman vs.. The People.-Writ OF error dis
missed. opinion by Judge Davis.
lsham, executor, VS.. Observation-Disclosures az
1rmed. Opinion by Judge DonOhue.
Jay, receiver. vs.. De Groot ct al.-order to stand
over to bring before the Court the proceedings III
reylnor. Opinion by Judge Davis.
The People eX rel. Daniels and Another vs.. Cush-
man.-Proceeoings and judgment reversed. Opln-
ion by Judge Davis.
The People eX rel. Edridge VS.. Fredlander.-
Proceedings affirmed. Opinion by Judge Donohue.
Stevenson vs.. The Mayor, &c.-Order affirmed,
with costs. Opinion by Judge Daniels
Canda assignee, VS.. acknowledgement affirmed.
Opinion by Judge Donohue.
Hill VS.. Mckenzie. Judgment ordered for the
plaintiff on the verdict Opinion by Judge Davis.
OXey vs.. King ct aL-Judgment affirmed.
Opinion by Judge Donohue.
Tenth National Bank VS.. acknowledgement
reversed and new trial ordered, with costs to abide
event: Opinion by Judge Davis. .
Huston vs.. Weber at a.-Judgment affirmed.
Opinion by Judge Daniels.
Brown vs.. the Mayor &C., of New York.-Judg-
ment at1irmed opinion by Judge Davis.
Greene VS.. The Mayor, &C., OF New YOrk.-Judg-
ment reversed and new trial ordered, with costs
to abide event. opinion by Judge Donohue.
ToOe vs. Garvin.-Motion for new trial granted,
costs to abide event. Opinion by Judge Daniels.
Willis VS.. acknowledgement reversed, and new
trial ordered, costs to abide event. Opinion by
Judge Davis.
The People ex rel. Wade VS.. Strack.-Judgment
for the defendant the case submitted, with costs.
Opinion by Judge Davis.
Dees vs. WandelL-Decree of Surrogate affirmed.
Opinion by Judge Donohue
McVea VS.. The Mayor, &c.-Judgment affirmed.
Opinion by Judge Donohue
Dupuy vs. Wintz-Order affirmed, with costs.
Opinion by Judge Davis
The Continental Bank Note Company vs. The In
dustrial Exhibition Company. order affirmed, with
costs. Opinion by Judge Daniels
Mundorf VS.. Mundorf.-Order Affirmed with COSTS
Opinion by Judge Daniels.
Getty vs. Spaulding ct al.-Order modified and
affirmed as modified. Opinion by Judge Daniels.
The Continental Bank Note Company vs.. The
Industrial Exhibition Company.-Order affirmed,
with costs. opinion by Judge Daniels.
The New York Floating Dry Dock Company VS..
Leaman and Another-Order.
The People ex rel. Baker VS.. The Board OF APP
decentralization denied. Opinion by Judge