The New York herald., 1875-10-30
GENERAL TERM-DEcIsIoNs.


batch OF decisions handed in yesterday by the
Supreme Court, General Term Judges, being mainly Of
cases argued during the present term.
As the facts in all the important cases were given at
the time Of the trials in the HERALD only give alb
sracts of those opinions possessing points of special
interest
In the suit brought by Margaret Dietrich to recover
from the city tax paid wrong lot through mis-
take Of the clerk IN the tax bureau trial has been
ordered Judge Brady, writing the opinion, holds that
the case Is determined by decisions in the of
resort, affecting the right of the payer recover in
cases of mistake arising from want Of care by city off,
cals.
II has been determined that William n Leon against
whom charges OF improper professional conduct were
preferred, was guilty OF such charges and his name
has accordingly been ordered to be stricken from the
roll oI attorneys
In the case where Rachel j. Ainswoith obtained
policy the life Of her husband and secured six per
cent or the amount to William w. Backus with the
derstandng that he should keep the policy alive for the
benefit Of herself and family but which he failed do
thus permitting forfeiture Of the policy and in which
Mrs Answorth sought, although her husband is still
living to recover the value of the policy TO indemnify
her for the damages sustained by OF the for
feiture, new trial has been ordered In the court
below the complaint was dismissed, which judgment
WIS erroneous
One OF the most interesting decisions rendered was
with reference to the application OF the Harlem Presby
terian Church. the Church OF the Holy Sepuchre the
Second Avenue NJ E. Church. to have taxes upon their
church property respectively vacated the Court holds
Judge Daniels writing the opinion that the statute Of
1910, limiting the assessment Of one balf the amount
does not apply TO nontaxabe property, but the pre-
vous statutes do and therefore directs that the orders
in these be reversed Tho original orders vacated
tho BY the present decision or the Court
tile assessments must be paid.
The Court afirms the decision Of the Court below
granting and appointing receiver in the suit
of Hcatherton VS. Hastings This will be remembered
as suit growing out Of partnership difficulties
nccted with doing the plumbing work of the Post
Office, but more particularly having given rise TO the
memorable onslaught made by Mr.. Ira Shafer, one Of
the counsel on Judges Davis and Daniels
n n Cage
for setting curb and gutter stones First avenue
vacated in the Court below the ground that por-
ton OF the property TO be assessed had been omitted
the judgment IS affirmed and the Board Of Assessors
directed to make assessment
Judge Freedman, OF the Superior Court, fined Aaron
Jlcobs and committed him for payment OF the fine
He was discharged by Judge Freedman because
matter covered by the fine for which Jacobs was
not responsible The latter order is reversed on
the ground that the ono error did not vitiatc il.
Reviewal OF judgment and further hearing are
ordered In the case OF Clara NJ. Penguet who paid
assessment which was vacated by the Court below on
the ground that there had not been proper pubca-
lion.
CLARK, THE CONDEMNED MURDERER.
In the case OF John Clark recently tried the Court
OF Oyer and Terminer Monroe county Tor the alleged
murder of John Trevor the I'd OF July last in the
city Of Rochester, by shooting him. which trial resulted
In his conviction and sentence to be executed on the
5h Of next MONTH motion was made yesterday before
Judge Brady, OF the Supreme Court for stay Of pro-
Colonel
of Rochester, appearing for tho motion and District
Attorney Raines Of Monroe county, appearing in oppo
bton.
Upon the question OF motive, Judge Smith, who
heard the trial, Mr.. Howe insisted, erroneousv adj
mittcd evidence that the prisoner had far back as
1864 shot another person in Rochester, and as 10
places which the prisoner had been since the date
named. He claimed that in the appellate Court the
judgment would be reversed through the admission
sucn illegal testimony. He made very lengthy argu-
mcnt raising various other points and citing copious
authorities in their support.
In answer Mr. Raines insisted that upon the question
OF motive although IL involved acts OF the previous ten
wears the testimony Of the previous shooting
pctcnt He also contended that the testimony as to
the whereabouts OF the prisoner after such prior
shooting was likewise competent He combaed siren
nousy all tho points raised and likewise prolific in
his citation Of cases supporting his views
Judge Brady stated that while he fully believed that
the sentences of should be promptly carried out
yet II any testimony had been admitted on trial IN
which human life was involved Of the legality OF which
there any reasonable doubt, the prisoner was en-
titled to the benefit OF that doubt TO such extent
20 have the matter reviewed by appellate Court He
said he would give his decision on Monday.
THE OCEAN BANK CASE.
In the United States Circuit Court tho argument was
had yesterday, before Judge Wallace, in the suit Of
Samuel N. Archer against the dcuHct Ocean Bank, for