The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-06
THE COURTS.
Important Decision in Relation to the EX.en-
sion Of Eleventh Avenue.
CASES SETTLED ON APPEAL.
Novel Procedure in the Temple
ton Child Case.


Brady, Of No. 13s East Broad way henry Wese, OF
No. Pei street; vlnceut Palmer. OF No. Pei
street. and Joseph Garoese. OF No. "a Baxter
street, were arraigned before Commissioner
SHE as charged with conspiring TO circulate
counterfeit money. he charged tnat Verse passed
q bogus SIS bill upon him on the 80 lnsl. the
prisoners were discharged on their own recog-
nizance 10 await an examination before Commls-
sIoner Shields gu mex Monday.
General william G. MancKs yesterday appeared
before Commissioner Jonn A. Shields and gave
$4,000 bail to answer TO the charge or dealing in
counterfeit money. His sureties are Nina Weld
holz o! No. III Ludlow street, and Leopold Leroy,
ol No. 1903 avenue b.
Judge wallace. or the Northern district OF New
York, vii! call the civIl calendar IN the United
States Circuit Court on Monday OF next week.
The Wochenolatt Nelc Yorker Journal published
city advertisements and the bill, amounting 70
Sl2 900. the Comptroller refused TO pay, claiming
that the Advertisements were not published IN the
culinary advertising type or he paper but Ia
BREWER and charged for as agate. An appeal was
taken by the city from verdict rendered against
tt, and yesterday Judge J. +. DAILY giving The OPT
MON OF the General Term or the Court OF Common
Pleas. sustained the views taken by the Comp
troller.
The salary OF Nathaniel Jarvis, Jr., Clerk OF the
Court OF Common Pleas, was cut down oY the
Boarc OF Apport11 nment from $4,000 70 s4,60O
Claiming that this was Illegal he brought SUIT
against the city Tor the balance, having meantime
accepted the latter salary aud given receipts In
full satisfaction or the salary due him. several
demurrers were interposed, the principal one
being mat his having signed sucn receipts was
bar to any action against the CITY. The case was
argued yesterday before Judge Loew. holding
Chambers OF the Court OF Common Pleas, at the
end OF which ne took the papers.
In the suit brought by George W. Riggs, the
Washington banker, against John Purssal, William
Stuart and Dion Boucicault TO foreclose mort
gage Tor $4,000 the Park Theatre, the particu-
lars OF which have already been published in the
HERALD Judge Van Brunt, holding Supreme Court
Special Term. before whom the case was tried
gave yesterday a decision. He grants judgment
OF foreclosure, holding that Mr.. Riggs was not
pound by the agreement OF the other parties as
10 the application OF the rent to the payment OF
The mortgage.
Henry r. wilkinson thought to better his for
tune by buying lottery tickets. he claims that
during six months IN 1872 he invested sS6o6 05 with
James Gill In the purchase Of tickets. Having OBJ
tanned no equivalent Tor his money-or. IN other
words. drawn blanks eaca tme-ne sought 20 get
even by bringing suit against Mr. gin, the suit
being brought under the statue again dealing
In lottery tickets, and allowing the suitor II ne
amount OF bis losses. ne accordingly brought
suit, and the case came TO trial yesterday before
Iuoge Van Worst, holing Supreme Court, Circuit.
Parta motion was made 10 dismiss the COM
plant, which denied, and tue case finally
went to the Jury with Instructions TO bring in
sealed verdict.
EXTENSION OF ELEVENTH AVENUE
When the matter OF tue opening Of Eleventh
~ hat dUa
Lawrence, In Supreme Court, Chambers. some
time ago be sent the report back to the Commis-
Bioners on the ground that certain lands, Tor
which only nominal AWARDS had been made, had
not been dedicated 20 the puolc use, and That for
this reason the Commissioners had erred in not
making lull or substantial awards to the owners
Of such lands. The report OF the Commissioners
vas accordingly not confirmed, nor was any
question intended 10 be settled other than the
question OF dedication. Having determined that
question adversely TO the views entertained By
the Commissioners, the report was RENTED 70
them 70 make such awards as In their opinion
might DE Just and equitable. The repor. was ac-
cordlngly amenied ~ me commissioners
thus AMENDED. Tue leading objection raised
was that tue Commissioners nad lurine erred IN
reducing some 81 the agards previously mace. IL
now appears that tne commissioners, IN conse-
quence OF the DECISION o tie court as 70 the ques-
ton OF dedication, were compelled - readjust and
reduce several Or The awards. ON the assumption
mat the laud required Tor tnaf part or EeYeotn
avenue winch viii he embraced be ween a pro-
longaton OF the lines OF the Od avenue. was dedt-
cated the pubic use, they had valued toe
tweuu-nye 1eet OF land on eitber side, when was
elro required Tor tne improvement as actually
fronrIng on an existing avenue. When the report
same back tor Amendments con ormiDy 70 me de.
holds IN decision gwen yesterday, that 70
allow 10 TIE owners 81 THESE twenty-five
Ieet awards based On the assumption
that such land f-onted Ou 81 existing avenue was
unjust 70 tnose persons woo were 70 re assessed
1oI the ~ u. 80 "stiS ~ -.s' ~
such owners a Lompeusauon iar oeyOhu tne
actual value Of their pro erty. II his view ne
CommlssIonsrs mad a right 70 MAKE sucn reduc-
q previous error a. they deemed A, which error
was Toe result % acting uton 40 erroneous
principle. he holds further that the Commits
noueTs in sucn cases are not called upon 70 ADJUST
pondicting claims u tile 10 properly, ana on tnis
II. und coDurms various awards 10 un&nOwn
owners. toe real owners having proper remedy 10
otner proceedings Tor raymeut Ol the awards 70
them. lie nulds ~ ADDITION tnat Mr. Lewis was
competent 10 act a. COMMISSIONER anu taat tue
omission 70 assess Trinity Cemetery was con-
tornado 10 Law tnasmuch a. the cemetery de-
rived no benefit rom toe opening o. ne avenue
De orders confirmation 81 me report, cut NJ ows
the matter 10 stan over Or Two days 10 enable
TIE Corporation Ooun RI an counsel Tor me
various oDjec ors 10 appear before toe court and
sKpialn the act WHITTIER r. 20 written objection
bad been placed % ne on behalf q such obiectors
COMMON PLEAS-GENERAL TERM.
Decisions we're given yesterday 10 > number of
eases argued Al TIE last term of the Cour-. We
give below 40 abstract 81 The decisions In the
more important cl-es;-
In the case II Francis ". Holbrook against
Matthew 7. Brennan the Court rendered a az
cIsion holding that 0epuy sheriff as Wen A. a
sheriff Is disq0alt1ed from serving process " a
suit or an proceedings against nimse!L 1ne
sheriff ia this case gave one 0f his depuEes
Two executions TO execute against such deputy.
THIS ~ Uceiared ID b. Illegal.
IN the suit 81 Henry keinecke against the Gem
iral PARK. Aorth ana last River Railroad tom
pany the Ccurt nolds mat venice running IN
front a street car q a cts tracE mast turu out
Tor the cars. if through carelessnsSs tn ftts re-
spcct an injury IS sustained hY the wagon. tue car
De hello responsible.
In the case or william NJ. smith VI. Rufus C.
Read the court holds that where boarding house
Keeper employed q ~ auue cO4red man aud al
lowed hlm 70 remain alone "a the rooms 81
Doarder, and steal therpr0m property bel nging
20 tne DUarner, Tue Court mas rl4ht 20 DECIDE tue
anesitOn whether on ME part ri toe boarding
hnnse keeper lnere MAd BEEN amca carAessnesr AZ