The New York herald., 1875-12-03
SUMMARY OF LAW CASES.

The further hearing of testimony in the Barmore
will continued yesterday. The principal wit
ness Surgeon William Van Buren, who attended
the tesator consultation with his physicians during
several months preceding his deceasc. His testimony
was TO the effect that the testator not suffering
from any disease that could affect his mind, and that
Mr.. Barmore was mentally capable of executing the
instrument offered in his last will.
In the Supreme Court General Term, yesterday Judge
Brady rendered the opinion in tho of John kneb,
convicted and fined 500 in Special Sessions for selling
adulteratcd milk. The Court says that under the act
OF 1854 should be proved that defendant knew OF the
adulteraton, that the evidence insufficient, and
the judgment should be reversed
Police Sergeant Augustus Miller was dismissed by the
Police Commissioners for being found in drinking
saloon with his hat and coat Off He first admitted and
then denied the charge The Board dismissed him, and
he appealed to be renstated The Boards counsel made
answer that the Court could not review certorari
tho Police Commissioners proceedings, and the Su-
preme Court, General Term, through Judge Davis yes
terday gave Judgment to that effect and dismissed the
writ of ccrtiorar. Judge Lawrence gave dissenting
opinion.
In the OF Samuel Samuels who sued the Evening
Mail for libel in which the Jury rendered verdict for
the plaintiff in the sum OF So 50O the General Term
yesterday reversed that decision the ground that
the Court excluded proof that the newspaper NEIL
toned Immediately made a retracton, and that the
plaintiff himself had admitted that injury had been
done to him. new trial was ordered, costs to abide
the event.
Blatchford yesterday tho suit OF the United States TO
recover penalties for alleged undervauations of i'm
ports was continued. Mr. Read managing director OF
the York Street Flax Spinning Company of Belfast,
Ireland was cross examined at great length in relation
TO invoice prices of goods sent to the New ork branch
house, compared with actual market prices OF smi-
lar goods sold at Belfast and Manchester at dates
spending with those marked the said invoices The
will be continued day
Mrs. Sarah Brown last July obtained an injunction
restraining Daniel r. Lyddy and Joseph Cronien from
prosecuting proceeding against her for iorcibe entry
menced before Justice Ackert OF the Seventh District
Court until she was paid the value OF the house From
the order granting the Injunction the defendants have
appealed. On the argument Mrs. Browns counsel
raised the point that the district courts have juris
dction OF proceedings for forcble entry and deaner
The General Term yesterday rendered its decision hold
ing that the District Court act gives power the JUS
tices 70 entertain such proceedings The injunction Is
continued.
The suit OF the People ex rel the Female Academy
OF the Sacred Heart, recently before the General
Term OF the Supreme Court, certiorari by tho
Academy, from the decision OF the Tax Commissioners
The latter exempted of the hfy which the
Academy owns from taxation, and OF which five acres
covered by the buildings by vegetable
garden TO supply the inmates and the rest being held
Tor recreation ground for the $50 nmates The cues
ton turned upon phrase OF the law exemptng cduca
tonal institutions from taxation; and tho Commission
ers held that 1t simply exempts the grounds which
ants cited the Union Cornell and other
they do, proof that the intention of the state
to exempt all land which directly and properly
used for educational purposes. Judge Daniels giving
the opinion OF the General Term, comedies with the
realtors (tbe Academy, and holds that the phrase
'lots does not city lots only than country
lots and that II means property used for educational
institution purpose solely He concludes that, 1t
appears that all this land is used solely for educational
purposes they entitled to have the whole of It
exempted. Judge Davis indorses the foregoing opin-
ion and says the discretion OF the Commissioners, IL
any should have been exercised In favor of education
| and exercise combined
Judge Brady sitting at General Term, rendered the
decision in the of Kate b. Rowland against Laura
| s. Taylor which unanimously concurred in. The
decision to the best course to be adopted by
which clients interests should not be leopard zed
the one hand or the attorneys lien the other
Mr. Andrews had bcen advancing money to his client as
pay the expense Of her household and he conceded
that she had not succeeded In obtaining security
matters in which II was of great importance
| and that she had suffered In consequence
| This justified the Court in believing that she
could not furnish security for his claim and also
suming that he acting for her under the conviction
that his compensation must be derived from the In
terest she had in the chief subject matter OF the
troversies Under all the circumstances she should be
required 10 execute assignment OF part of her in
collateral security Tor any that might be
found due Mr. Andrews, and order of reference
entered ascertain the amount or his claims against
her In this way the fund which TO be the source
OF his compensation would be applied TO the payment
OF his demands and in this way his lien would be pro-
tected. The previous order was accordingly modified
as suggested.