The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-10

else OF public authority, which wrought no
recognizable entity, involved any possibility OF
future injury, except TO such persons as might,
a. future period indicated by law, belong to q
The following Is q brief history OF the case I'm
1871, Dy existing laws then recently enacted, the
Commissioner OF Public Works Tweed) and the
President OF the Public Parks Commission
OF government in the city OF New York. At this
time, the Ring" frauds being in u progress. DIS
covery thereof was made and public indignation
1871, the then Governor and Attorney General III
rected counsel residing IN the city OF New York 20
might be deemed advisable. No sooner mad this
official act been promulgated than the local officers
commenced nominal prosecutions agar INST them.
selves, in the names OF the local bodies mich they
controlled. The Counsel TO the CITY Corporation,
who was also sLaw Adviser, to the County Board
OF SUPERVISORS, by direction OF Mayor Hall, anti
cipatng action on the part OF the Stale, COM
menced several separate actions Tor the same
then also, in the name OF the County Board Of ou-
pervsors, against Han, Tweed aud Connolly. The
commenced in October, 1871, by the ser.
vice Of the process on Tweed. In December
following Judge Learned at the Special Term, IN
aiirmcd this Older Tweed then demar rr an and
Hogebo0m, his demurrer was overruled. Tweed
appealed, and at General Term, held in July,
1872, by order o the Executive. the order over
ruling the demurrer was affirmed, Presiding
Judge Miller ana Judge Patten concurring in the
JuGg s NOT , TO
MAKING any local corporation body
co-delendant. Thereupon lngersol appeared AMI
set up in succession the same technical
objections under new auspices Alter Tweeds APP
peal from the order overrullng his demurrer had
been submitted to the General Term he appeared.
HIS first step was a successful motion, before Judge
ingalls, SpsciaI rsr m to strike out .as rrele
and COLLISION on the part or the local authorities.
TINS was in November, 1872. on Tweed's mollon
YORK, and Ingersoll demurred. One of the causes
assigned was an alleged "defect OF defendant in
the Omission Of G9c Board
murrer was heard at the. New York Spe.
caI Term oeSrs Judge Hardin when the
at the General Term, hello, May. 8. 1873. Judge
Hardin's order was affirmed aud final Judgment
entered In favor OF lngers0ll, with COSTS The
State appealed to the Court OF Appeals, May Is,
1873. Alter thu hearing and dehperation this
Court, ~ November, 1879, ordered areargument on
the money, which Is the subject in controversy, IN
the county OF New York; second. If the money
was the money OF the county, caIfthe Board OF SUI
pervs0rs MAINTAIN an actl0n for the cause stated
in the complaint IN behalf OF and Tor the benefit OF
the county, A reargumenr was heard on these
The prevailing opinion, which was handed down
to-day. Is written by Judge Allen; and Judges
Grover, F0lger, Andrews and Johnson concur.
Judge Kapelo writes q dissenting opinion. in
which Chre Justice Church concurs. The decision
altered grievances and, therefore. r.not being en-
titled to any judicial remedy. the action ought
have been Drought IN toe name or the county, The
Legislature at its last session passed Jaw trans
errlng all the property OF the county to- the city.
so that in the continuance OF the suit The "cty or
New YORK" will have to be substituted Tor ''the
State OF New York"
Judgments affirmed, with costs.-scott vs..
Conway, Marvin vs. Newman, Cnampln VS..
Champnn, Sprong VS.. the Boston and A bany Rail-
road Company Murray vs.. Churcn. jerks VS.. Rob-
ertson, Sanford vs.. sanford, Jackson vs. the New
York Central Railroad COMPANY, sweeny vs. the
Mayor, Aldermen anu Common Council Of New York.
Judgment atflrmed.-Copperman VS.. the People,
&c.
Decree or the Surrogate OF Erie county modified
by deducttng from the amount thereof 1912 IS as
of Its date, and the decree modified af1rmed
without costs to either party in this Court. New
man vs.. Marvin.
order affirmed and Judgment absolute for re-
spondent. with costs.-Metz vs.. the Buffalo, Corey
and Pittsburg Railroad Com pany.
Order affirmed, with costs.-The Grocers' Bank
of New York vs.. Fitch.
Appeals dismissed, with cOsts.-Gambling VS..
Morgan, Crane vs. Steger.
Motions denied without c0sts.-Jacobs VS..
Morange, The People ex rel. Waller Va. The Board
OF Supervisors OF sullivan County.