The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-10-14

davt John McKeon the two notices OF the defendant
sweeny dated september - and the two notices Of the
plaintiff, dated September IA and u.s. respectively and
the order Of September TO- 1875 requiring the plaintiffs
TO show cause thereon why the complaint should not
be set aside because the cause Of action separ
atcy stated or plainly numbered, and why much OF
the Complaint as does not relate TO the first
action and all the part Of the complaint contained in
the schedule and following the words and figures May
House lime p 1862 $34 0s2 "a j. A. Smith, Ingersol
Co, should not be stricken out as irrelevant
dundant, and why either much Of the complaint
sets forth the alleged neglect audit the claim against
the city, and especially that portion Of the complaint
beginning with the WORDS, That the said pretended
claim liabilities not in the middle Of folio
Q, and down TO and including the words signed the
same, in the thirteenth folio, should not be stricken
out as irrelevant and redundant or otherwise why
much OF the complaint sets forth any fraud, con
spracy or combination the part ofthe said Sweeny
said Sweeny and Watson should not be stricken out as
irrelevant and redundapt and why the plaintiffs should
not elect upon which, OF the several causes Of
set forth in the first count Of the complaint prior 70
the words right or interest in the premises az folio
20 they intended to rely and why they should not serve
an amended complaint, uniting much OF the
present complaint as relates % the causes q
action not elected and why they should not elect
whether they will proceed the allegations OF fraud
or upon the allegations Of neglect 70 audit In said
first statement alleged Of action, and why SO
much Of the complaint as relates the cause
Of action elected should not be stricken out rs
irrelevant and redundant Id second statement
Of action. at folio a. 70 wt:"Without any exanlna-
ton Of said claims and with knowledge that the same
were wholly false and fictitious, fraudulent and pre-
legal or valid clam whatever against the said Mayor
Aldermen and Commonaty Of the City of
New York" and why tho complaint should
not be made definite and certain by
stating whether every item In the accounts
and claims mentioned and referred TO In schedule A,
annexed the complaint and also in the said SIX war
rants referred 70 the second or action, was
false. fictitious and fraudulent because no material
charged actually furnished and none Of the labor
charged was actually done or If any then how great
the charged above the amount furnished or
done whether the prices charged for such materials
or labor high and II what was the excess
above the fair agreed prices; and why the plaintiff
should not make the said complaint more definite and
certain by specifying in each Of the paragraphs at foos
20 TO 2 in which il Is averred that the deiendansthc
Mayor Aldermen and Commonaty of the City Of New
and why the plaintiff should be required furnish
the defendant Sweeny bin Of particulars Of such of
said accounts and claims as the plaintiff claim 10
have been false, fictitious and fraudulent, specifying
what portions Of the accounts and claims, and what
items therein claimed 10 have been false or hct
tous fraudulent And why the.tme for said defend
ant Sweeny to answer demur or take other action
TO which he may be entitled should not be extended
until twenty days after the order of the Court this
motion and notice thereof to defendant Sweenys at
torney.
After hearing Mr.. McKeon for the defendant Sweeny
for the notion and Mr. Peckham for the plaintiffs in
opposition thereto, ordered that tho said motions DO
and the same hereby denied, with costs.
A r. LAWRENCE, Justice Supreme Court
It is understood that Mr.. McKeon the counsel for
Mr. Sweeny is watching the course or events in the
matter OF the appeal in the Tweed case the bill Of
particulars, with view TO a determination as to
whether it is best to appeal from the above order