New-York tribune., 1875-02-03
CIVIL NOTES.

CIVIL NOTES.
In the United States Circuit Court yesterday
proceedings the order requiring John F. Poole
the the Olympic Theater 20 show cause why
he should not be restrained by Injunction from hiring
ing Dion Boucicaults copyright OF the play ehltteu
The Shaughraun" were adjourned until Saturday
In the case of James Mccall, administrator
against Edward o. Jenkins tried In the supreme Court
Circuit the facts OF which reported in yesterday
TRIBUNE, JudRe Van Brunt dismissed the complaint,
holding that the evidence showed that the deceased
woman berself opened the door guarding he elevator
and WAS therefore guilty OF contrlOurory negligence
In the suit of William HItchman and others
against the Mayor. tried yesterday in Common Pleas
Trial Term. the Court directed verdict for tho plain
tits The plaintiffs were Commissioners Of Assessment
for the opening OF LaxngtOnave and their costs were
taxed at s25jj7 ana included IN the report Whlch vas
duy c0aA! isi PyLeh5 D"InE Refused tils salt -,
brought Under recent decisions that al OBJECTIONS 10
b OF costs sboud be taken before o. az ihe conn ma
tOn Of the report. the ciys deense7 were exc nded
s.7.ooi i.7T iCG o. 0'-'' '' ''''' ''''''' " ~
Andrea Fontana, formerly the interpreter of
the Police Court Of the sixth District applied for man
damus the Board OF Ponce Justices restore him 10
that position, charging that they had removed MIN
wIho cause and without the hearing required by law
TIE Board IN de return that tney mai not removed hn
but had abolished his Office unnccessdry To THIS re,
turn. FOntana demuTred that il was In,uM lent ana
Ouy coiOraoie. judge NIu Brunt heard iae demurrer
IN supreme CoUf. SPECIAL Tc:n dnt has detld ii N
favor OF FJltauI, sust2Iniu the demurrer. RJh-rt y
Waite appeared for the rcldtor, and mr. Nolan Tor Re-
spOudens.
Lagrave who was alleged to have defrauded
many merchants in this city OF large sums oi money IN
order to procure his release from The orders OF arrest III
the cases OF Adrancc Robbins & Co., and Bacharach
Co.. put in bait but h.s boudsmen failed justify The
orders arrest by General Term or
the Supreme Court but the Court CT Appeals suOse-
qlently affirmed them. Tao above hrnis tncreuDon
called upon ex-SGerif Brennan to respond as Ua ana
failing tO get their money, Yesterday ~ Ter attorney
D. NJ Porter sued Mr Brennan Dal, as he was abie,
Sheriff when Da was put IN, and failed 90 Justy az
the case IN these actions.
q nfr,h h0
the Common Pleas, General Term Judge Joseph F Daiy
giving tue Oplon reverse the judgment entered on the
report Of referoe and direct trial The plain
0 was cOutr actor three sewers ami sned for the
due The contract. Tho city set "p i've conn-
ter claims one tine city had farni7nrl LIN with
materials three Oohers thai tI're were claims iOHScu
against him and the last that he had pat he cty TO
expense by exceeding the contract t.he TIE ieIeree
allowed only the irst counter cla n, ana gave pinn
judgment Tor the others. Judge DIY hOas thL - inc
pamuh put IN 10 reply, tine citY would nave ocel en-
Bat having undertaken 10 prove them, ana faied Oh
ihroe tIree were rightly rejected Iae Ar'i ahd
last werc proved and a5 tne referee laed 10
allow the last, there must be a new tiiai.
An application was yesterlly made to Judge
Lawrence IA supreme Court Chambers, on behalf of
Mr.. Leiaba, for mandamus 10 compel the National
spInlsl Benevolent Society t. reE5ate the reator as
member on the ground Lad been uniawiully ex
PEELED George " Wingate, for the respoud'nt, raised
failed 10 show the particular facts which made tlis ek
pulsion illegal to show thit the necessary demand
nad been made ana urged That d though defense Il
listed merits IL not necessary 10 discuss IT,
Judge LlwrcIc3 took the papers upon thr 1llectl'n
raised saving hat ne considered tn 10 apn'lHg for
tine summary remedy OF mandamus, tAe rrlit1r was
bouud to establish % clear showing why MS eX-
ngsion was Illegal B,ui .,n.a F. Ru,scn appeared Tor
relator q w. WIngate for respondent
The act Of July Il, 1862, imposes duty of
90 per cent al vaorem imported beowax. Tue act o.
AM. g. 1872 says taat China wax" shall be eateredfree
of duty There brought into this port for G. F. Len
nic g. Co. OF Philadelphia quantity Of japanese wax
upon which Collector Arthur demanded duty OF 20 per
cent ad vaorem the ground that II was heesE
within JYe meaning OF tue aG' OF JulT Il. LSl2
duty which amounted in the aggregate 10 500. Ws pad
under protest, and SUIT Drought IN me lteJ Slae Ut
cu 1urL Lo recover it. Tie plnnuf claimed taat Jhe
UaL Ia due came Within the tct ol Aux o. 454- anu
w.s therefore not subject u duty Inc cl7e "I' t,,u
bcforc Judr. Wallace, who sus aimed the plaintiffs
claim aud directed verdict aCGOriingb. Col EJlah
Alien 90r L3nng Co., and assist an UIlel States 4S
trct-A Attorney IcuaIH for tls Collector