The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-03
SUITS AGAINST THE CITY.

In 1870 the Legislature by enactment liked the
IaIary OF the Commissioner OF Jurors to be the
Bame a. that OF the City Judge. the salary or the
latter at that time being $4,000 year. subse.
quently the salary OF the City Judge raised to
SIS, 900. and Mr.. Douglas Taylor. the Commissioner
of Jurors, claimed under the act referred to that
he was entitled to proportlonate increase in his
pay. Comptroller Green, however, thought differ.
entity, and the result was q suit by Mr.. Taylor
against the city for arrears of salary at the Of
5000 year. The suit was brought in the Court
Of Common Pleas The defence put In by the city
was that Mr.. Taylor was only entitled TO the salary
paid TO the City Judge at the time OF the passage
OF the act. demurrer was inerposed
to RI is answer, which raised the question
whether the subsequent increase OF the salary OF
the city Judge entitled Mr.. Taylor TO an equal
increase Of nls salary. The Court on the trial,
ned that he was not entitled 10 sucn increase.
The appeal was taken from this Judgment to the
General Term OF tue Common Pleas, which Court
rend red yesterday its decision IN the case afrm-
ing the Judgment or the Court below, Judge J. n.
Daily writing the opinion OF the court. he holds
by tue Legislature be dependent on that OF the
City Judge. IL 1t were so there should lie some
10 make 1t so the enactment should nave prov ded
LOT the payment OF the Commissioner at the same
rate as toe salary paid from time To time 10 ;he
Israel Randolph obtained from the city the con-
tract Tor constructing sewer in 1O9th streer, be-
tween First ard Fourth avenues He had trouble
about getting his pay, and the consequence was
suit against The city TO recover balance claimed
10 be aus MN. Various counter claims we're set
up the furnishing OF sewer pipe, claims OF differ
ent parties for materials furnished him and money
PAID as inspectors fees. Tne case was sent 10 a
releree. VINO allowed the nrst counter claim but
not the others. An appeal was taken from this
report ana the case carried to the General
Judge Joseph +. DAILY writing the opinion
holds that tue last counter claim should also have
been allowed, inasmucn as the WORK had not Deen
completed WITHIN the time specified IN tine con-
coun ter claim new trial Is ordered.
Ephraim ID. Brown. as assignee OF lease to the
city OF building formerly occupied by the Police
commissioners, sued the cIty 10 recover S. $50
claimed due Tor rent OF the same. Through pro-
ceedings taken before judge Kane IN a district
court the Police Commissioners we're dispossessed
by DEFAULT trial IN the Common Pleas grew out
OF the AFFAIR 10 which 1t was held that the decision
In the District Court was conclusive Doth as to de-
iendanps tenancy and the amount OF rent due Tor
the non-payment oil when were Instituted the
proceedings TO dIspOssess. An appeal taken
TO the General Term. which Court. Judge Robinson
delivering the opinion, sustains the Judgment or
the Court below. II was also held that such pro-
ceedlng Is not included among those In which the
act OF 1850 gives exclusive jurisdiction 70 the state
courts.
Mr.. Hickman was one OF the Commissioners of
Estimate and Assessment appointed by tne Su-
preme Court IN the opening oil Lexington avenue,
IN tue upper parL OF tue Island The COMMISSIONS
ers performed the duties Of their ONCE, made their
report, anu upon the coming In OF their report,
along with tue costs incurred by tnem, as pre-.
scroed by the statute, the Supreme Court made
an order appointing referee to take evidence as
10 what COSTS should be allowed. Upon the rel.
eree's report Judge OF the supreme Court taxed
tine costs at t.j,35I, when amount went into the
assessment roll aud received into the
city treasury, where Mr. Green held 1t with
grip OF iron, refusing to pay the just claim OF the
Commissioners, thereby compelling suit and
saddllng the city with tue cost OF Irrigation. Tue
Corporation Counsel made no substantial defence,
and Judge Larremore ordered verdict for plain
It'd or s27,ool o. Case came 60 trial yesterday,
before judge Larremore, holding Trial Term.
Part l. OF the court OF common Pleas. No sub
stantlal defence was maze by the corporation
Counsel, and Judge Larremore ordered verdict
for s27 061 o. being the Iull amount claimed with
interest.