The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-28
SuPhERE COuaT-cHAMBsnS.
Important 70 Parties DESTROYS OF Nam
damusing the Comptroller.
Before Judge Lawrence.

Important 70 Parties DESTROYS OF MAN.
damusing the ComptrOiier.
Before Judge Lawrence.
= Simon Levy, in June, 1869, was appointed by the
Board OF Supervisors an attendant on the Shertfr's
Jury and ST. 200 fixed the salary. lie also, as ne
claims acted as interpreter for the jury, pursuant
to an appointment by the Sheriff. The Comptroller
refused to pay HIM, and thereupon application was
made to Judge Lawrence recently IN this Court
for O peremptory mandamus directing such pay
ment. Judge Lawrence rendered yesterday de-
cision In the case denying the application. He
gives his Reasons IN the following opnion:-Ine
relatOr moves lor a peremptory mandamus COM
mandlng the respondent as Comptroller TO pay 10
the relatOr the sum of $4,000, with interest, as
specified IN the notice oil mutton. 1t appears that
In the month OF March, 1868, The Board OF super
vls0rs passed resolution authorizing tne
sSers 10 Jury az an ANNUAL saar9 of
and authorizing and Directing the ComptfoHer
to pay said salary monthly from the County Treas
ury and to charge the same to the proper appro-
priatiOn. The reiator alleges that, III pursuance
OF the authority conferred by the above resolu-
ton, he was, on tue 10th OF June, 1869, duly ap-
pointed to be such attendant, and at the same
tune specially appointed aud charged with the ad-
ditlOnal duties vi Interpreter to the Snerfs jury
by the Sherlu OF the city and county OF New York.
He also alleges that Ill pursuance OF such appoint
ant and Interpreter continuously from the 2eth
OF June, 1869, up to the present time, and mas de.
panded payment of his claim, which has been
refused. Tnere IS 40 allegation in the moving
papers to he effect that the Board OF Supervisors
have ever audited the REALTORS clam, nor that any
vouchers have ever been examined or allowed by
the Auditor or approved by the Comptroller claws
OF 1870, clapter 10y. Under these cllcumst ances
It Is not necessary Tor me to consider the
various questions discussed upon tile argu-
ment The General 1erm Oh this Court
has recently held that 1t Is premature to move Tor
mandamus TO compel the Comptroller to pay be-
fore the Auditor has per Ormed the duty imposed
upon ham by the act of 1870. Supra People ex rel
Brown VS.. Green. OPINION by Judge Brady) Mo-
zion denied, with $40 Gusts to respondent.
The WInship Divorce Case.
Before Judge Donohue
Upon the application In the cross divorce suit
between Edward k WInship ana his wife Caroline
f. Wlnship Tor alimOny and counsel fee Judge Don
ohue rendered decision in iavor OF the latter.
The amount Of anony allowed Is $40 q week, and
$500 are directed TO be PAID TO Mrs WDSnlp'S COun-
Sell An order OF reference is however permitted
TO be taken on the part OF Mr.. Wlnsnlp for the pur
pose, II he wishes, OF submitting further testimony
with view to a reduction OF the alimOny.
Decisions.
BY Judge Lawrence.
The People eX rel Levy VS.. Green, Comptroller
Memorandum and oplniOn.
BY Judge Van Brunt.
Germania Bank vs.. Distler.-Case settled.
by Judge Barrett.
IN the Matter, &C., ACKNOWLEDGEMENTS