The New York herald., 1875-08-26
SUMMARY OF LAW NEWS.

In the case of the People Charles sacia on a
hearing on the writ OF habeas corpus in Supreme
Court, Chambers before Judge Tappen, Mr.. sacia
Aonoraby discharged it shown that the evidence
the did not warrant the finding of an Indictment
Peter Samers brought suit in the Common Pleas
Court against C. Meade owner forcclose
shanics lien Objection made TO the regularity
of the method being contended that the proceedings
Ihould be commenced by the service of summons the
Same as in foreclosures Of mortgages instead of
lhis case by service OF notice forecose under pro-
visions Of the OF 1863 relative mechanics liens
In this city Judge Robinson gave decision yesterday
holding that the proceedings were perfectly warranted
and in accordance with the statute.
The suits against the passenger steamers Twilight,
plymouth Rock and Wyoming, TO recover penalties for
carrying passengers excess Of the numbers allowed
by their certificate Of inspection will be tried until
the October term Of the United States District Court
The defence be up that person cannot re-
the aggregate penalties but that the is
limited to each individual passenger in excess OF the
number allowed by the inspectors certificate each
sue for the amount paid as his passage money and
penalty OF $40 Also that the only other penalty in
Cured il the is proven is 1ne OF $500 TO be sued
for by the government
In May 1871, the Commissioners OF the Sinking Fund
appointed Messrs. A. j. Blcccker A. H. Muller and
COurtland Palmer a committee the value OF
Al the real estate belonging 70 the city county Of
New York As Is well known, bills for their services
submitted amounting originally 10 about $50 900
zach, but the Comptroller unwilling to pay more
Than s. 900 10 each the taken to the courts
In the suit by MI Muller the complaint dismissed
the close Of the evidence Appeal taken to the
supreme Court, General Term, which gives decision
Judge DAVIS writing the opinion The Court holds thai
The city is entitled to Judgment tile dismissal OF the
complaint with costs, the ground that evidence
gwen showing that the Comptroller fixed the
rompcnsation that the Commssioners had power to
such general apprais:ng and that, in any event.
abe rate Of compensation shod have been liked in ad
vance
cnild three and a half years old tho son Of John
Fitzgerald having come over as sccrage passenger in
the steamer Greece Ot the National lno, drank after
the arrival OF the ship at this port poisonous solution
used for iumigation, prepared by the health officers
and careessy put into drinking cup by one OF the
Stewards On trial Of the a verdict for damages
was gwen against tho steamship company from which
IN appeal was taken TO the Supreme Court, General
Term In the decision given by the latter Court Judge
DAVIS writing tho opinion The Judgment Of The lower
C"urt y alrned u being hold that negligence by tho
cnm1aDys servants clearly proven Dad shat tho
Eanages awarded woro not excessive.
John ~. WhttimOse ClcrS The Third District
Court ms salary having been nxed by Legislature
NJ $1,000 and cut down o. tho Board OF Estimate and
App"rtonment TO 81 500 sued The city for the differ
which the city appealed 10 tho Supreme Court Con
Dral Term Tue decision Of the hitter Court Judge
Davis giving .bc opinion, sustains the verdict below.
Ti" Court holds that The question decided
ease OF Judge Quinn against Mayor IN which IL was
held that the district part Of the judiciary
Hysten OF the STATE aud that s Judge and clerks ara
not local officers OF the city within the meaning Of tho
statute Of 1873. under which salaries down by
Ilc Board Of Estimate and Appointment
when Richard OGUrmau hc,;tme Corporation Coun
sci ~ 1866 be employed Ncsou smith TO take char,o
Of prosecutions against delinquent taxpayers A am.
Guilty AZ 70 payment which resulted in a SUIT
against the city. The claim assigned 70 Clarg
Smith who obtained verdict In bis favor and the city
appealed 70 the Supreme Court General Term. whic ich
renders decision modifying TO considerable ex-
tent the judgment Of the Court below. Judge DanclA
writing the opinion OF The Court holds that the judi
Tncni should be reversed and trial urdcrod with
costs to abide tho event. within twenty days ths
uiaintin stpuatcs TO deduct from the judgment the
amount recovered for services performed In regard u