The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-05
THE COURTS.
A Decision of Importance to
Real Estate Owners.
HOW TO AVOID PAYMENT OF DUTY
Damages Claimed for the St. An
drew's Church Disaster.
A Convicted Thief Objects to the Peni-
Tertiary.

In the six million dollar suit against william M.
Tweed there another postponement yester-
i day OF the argument on the motion TO compel the
furnishing ola bill OF particulars The case was set
down peremptorlly for to-day before Judge Bar
rett In Supreme Court, Chambers
The opening OF the May term 10 the court has
\ generally. on account OF SO many moving, been
attended with difficulty in obtaining jurors.
81 OwiuQ TO the me- sy stem adopted by Mr.. Douglas
Taylor, Commissioner Of Jurors, there was no SUCH
difficulty the present term. On the contrary, $40
\ jurors presented themselves and not single
extra panel nad be called. AS VIII be seen this
is quite force OF lurymen, but none too many for
\ the thirteen State courts now IN session.
1 In the United STATES courts yesterday 45o0
/ cigars, smuggled on the steamer Vera Cruz, were
condemned, no claimant appearing.
woman named Cornelia Coalbar was arrested
and taken before United States Commissioner
shields, charged with receiving pension due ner
|, by the death OF her husband, wac was soldier
during the war, but to which she was not entitled
upon remarrytng She was held In 1000 bail TO
await examination.
Several suits for the recovery or damages result
ing from the accident known as the st. Andrews
Church disaster have been instituted by Ulman,
Remington Porter IN the Supreme Court, on be-
half OF the persons who were attending service IN
the church AT the time the accident occurred. and
received injuries from the falling OF the roof The
city, together with the owner aud contractor or
the Shaw building, have been made parties de-
iendant the action. Corporation counsel Il.
Deaheld Smith represents the city, and some in
terestlng legal questions likely to arise IN the
course OF the trial the LIABILITY of the city Tor
damages sustained by the injured persons
IMPORTANT REAL ESTATE DECISION.
In the suit brought by Barnes and others against
Mott, Wagner and others, which has been pend
ing long time in the courts, important
decision was rendered yesterday by the General
Term OF the Court of Common Pleas, Judge Loew
writing the opinion. In 1868 certain property was
held by the plalnIifrs and by Brltton no sold
IL that year. Aler the sale Judgment was OBJ
tanned against Britton for $1,000, which was a
lien on the land. An appeal was taken
from That judgment aud TWO years later
further appeal was taken Dy the Court
OF Appeals. An undertaking win two
sureties was given to pay the Judgment should it
be a1l rmeu Dy the latter Court. Ine Court OF APP
peas affirmed the Judgment. ana the Judgment
creditors CONNIE need an action on Lne undertake
ing. Ihe sureues were released by the defendant,
Wagner. The decision was finally confirmed, and
Wagner took an assignment Of me Judgment lie
and tue assignment passed to Mott.
Britton being, as alleged, lnsoivent. the
erty. This suit was brought by the plalnulfs
Tor perpetual Injunction against that judgment
being enforced against their Properly. The
General Term holds tnat the plaintiffs stand in re-
gard the property as suletes enttiel TO all
the rellef OF the original judgment creditors
against other sureties IN case they paid the
Judgment Also mat as the lime in winch the
debt was due had been prolonged by the suretes
IN the undertaking. they had rights against such
sure ties when they could nave enforced in the
suit mad pialntins paid the Judgment IL Is neld,
further, tnat wagner having with full knowledge
OF all the lacts, discharged the sureties their
unuertaKtng, he mad so preudged the plaintlfIs'
rights as 10 release their property, aud that Mott
force the judgment more tnan wagner
against the plalntlns' property.