The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-02
THE COURTS.
William M. Tweed Asked for
a Bill Of Particulars.
IMPORTANT SUPERIOR COURT DECISION.
John Jacob AstOr Asking to Vacate
Assessments.
ABSTRACTS OF DECISIONS.

ABSTRACTS OF DECISIONS.
In the suit brought by the city against Edward
Mariner and William NJ. Tweed for SsSo,o0o.
alleged TO have been obtained from the city
through the fraudulent auditing OF bills, motion
was made yesterday, before Judge Lawrence. In
Supreme Court. Chambers, for a bill OF particulars.
similar motion was also made In the suit brought
by George s. Miller against william NJ. Tweed. In
which the former claims 100000 as now owing to
him by the ex-Boss. Judge Lawrence took the
papers in both cases.
Judge Donohue gave decision yesterday IN the
Injunction proceedings brought by Edward Van
Ranst against the New York College OF Veterinary
Surgeons. He decides that Mr. Van Ranst Is en-
Titled to a seat IN the Board or Trustee3
Ygnacia Haya, doing business in Maiden iane
as a cigar manufacturer, was Yesterday held for
examination by Commissioner Shields, CHARGED
with selling quantity OF cigars not legally brand
ed. His bail was fixed at s2,cot. which Mr. Haya
furnished. and was discharged. t.al
William L. Eimore and Abraham Spencer were
severally charged with selling QUANTITY OF cigars
not properly stamped, with intent to defraud the
revenue. They held In $1,000 each for ex-
ANIMATION oy Commissioner Shields.
An examination was held yesterday by United
States Commissioner John A. Osborn, in the case
OF Gustave W. Bah. charged with aiding and
assisting In the concealment OF dry goods for ths
purpose OF avoiding the payment OF duty. Thomas
Hardy. q trucEman, testified that IN October and
November ne brought goods from the Hamburg
dock, and left them in front OF No. % Warren
street. This place is Kept by MsssrA n. L. Graf
d Co.. importers OF liquors, by whom Bali is en-
ployed. The examination Is still on.
The OF Carl yogt bids fair to be Interminablet
Notwithstanding the efforts that have been put
Goru ard ro nrda Mt Sttnna ainae
sne accused, VINO is charged with the murder and
robbery OF the Belgian nobleman, Count Banco,
OF Brussels. In 1872 Vogt swore yesterday mis- name
was Joseph Supp; that be took the name OF
vogt when leaving Belgium. deserving his wife.
whose property he had previously disposed OF Tor
$1,000, and 1t was. he said, with this money that
he subsequently bought from a stranger the bonds
which led to his accusation and arrest. Elk.
animation postponed Till Saturday next
test case was decided yesterday in the United
States Circuit Court. before Judge Wallace ana
jury in which Z. B. Stuck, manufacturer Of cigars.
brought an action against I. b. Coster, revenue
collector OF the Eighth district to recover 500 PAID
by him under protest on quantity OF cigars
manufactured by him. The Collector charged
that Mr.. Stuck had not made proper return a.
required by law; that there was more than
thousand cigars manufactured from the prescribed
weight OF material thirty pounds, than the law re
CURED and upon the surplus as claimed he levied
$6e The plaintlfr brought the action TO recover,
dsputing the constitutionatty OF the law. The
jury found verdict for Mr.. Stuck for the full
amount-$eo. ers
JOHN JACOB ASTOR'S ASSESSMENT.
An assessment amounting to $4,000 was laid on
the property OF John Jacob Astor Tor beneAtn ac-
cruing from the widening of Broadway. He
brought suit against the city, asking to have the
fected his lots, cancelled and removed as . cloud
upon his title. aud that the assessment should b
adjudged void and that the defendants be re-.
strained from collecting the assessment and also
that they be restrained from taking any proceed
ipRs therefor either by sale or otherwise. 1t was
claimed by the plaintiff that the assessment was
not ouly excessive, but was absolutely void, BY
reason OF Irregularities IN the advertising and
in the formal action OF the Commissioners.
BY an act passed May Z, 1872 it was sought to re-
move objections arising from detects In the pro-
ceedings imposing assessments for local improve
menta Section OF this act says:-"No sssess.
msnt heretofore made or improved, or which shall
hereafter be made or improved, for any local I'm
pyovement or other public WORK IN the said city
already completed or now being made or per-
formed shall hereafter be vacated or SET aside Tor
or by reason OF any omission irregulalty In ad-
v,rtlslng any ordnance, resolution, notice or
other proceeding relative to or authorizing the
Improvement or work Tor which such assessment
shall nave been mace or improved, or Tor proposals
TO do the work, or Tor or by reason OF the omis-
sion OF any ofiicer 20 perform any duty imposed
% n Uf or % any d nuen ~ ss
action the assessment shall IN any manner or 10
any extent depend, or Tor or BY reason OF any
omission 10 comply with or carry out any de- tall or
any law or ordinance, except ony In cases In
which fraud shall be SHOWN and in cases OF
ment Tor repairing street public place, upOn
property Tor which an assessment has once been
psid ior PAVING the same street or pubic place,
aud all property In SAID city benefited BY any I'M
provement or other public work, already
completed or now being made aud per
bic TO assessment such im provemenr
or work. and all assessmen's Tor any such I'M
binding. Notwithstanding any such omission,
trreguiariy, defect or authority or technically"
me question arose upon the statute g. 70 Its
nef sought Tor. Judge Curtis. who delivers the
opinion Of the Court, follows the decision OF Len
non vs. The Mayor, and holds thai the plaintiff ID
not deprived OF his property by reason OF an at
tempt, and outstanding record of the assessment,
sne apparent len on his land. He nolds'
further. that he mas no such constitutional
position OF q court Of equity. that ne may not 90
deprived OF the special remedy by the Legislature,
o. the DOVER 20 1--WE n the benes OF his re%sds
and RENTED him 70 the relief Ia which the con-
sutution protects HIN. when an EFFORT IS made 10
enforce the PREF tended lien by taking the property
or resisting It's collection the title OF any puf-
chaser WAC may claim under II. 1t does not APP
pear IN this case, tue Judge holds that anything
is being done TO deprive Mr. Aston OF hts prop
srty the three years allowed by law Tor selling
the same not having expired when the suit was
begun. What counsel Tor The defendant vaguely
admitted, that proceedings had been taken to-
ward its collection furnishes OASIS upon wncn
court or equity can exercise DISCRETIONARY
power. granting an injunction or other relief Tne
decision by tue Court Oh Appeals referred 10 must,
therefore, govern THIS case; and where tho
remedy sought for appears To have been consd.
cred carefully, ana alter this class OF SUITS deemed
TO have been abrogated, and after January |, 1871
proceedings instituted. he Judgment appealed
from IS therefore, reverted aud Judgment abso-
lutte, with costs, ordered for defendant.
SUPREME COURT--SPECLAL TERM
Before Judge Van Brunt-
A COMPLAINT DISMISSED