New-York tribune., 1875-02-17
matter nov ..pas 4 is drawn basslo With the odds
ANNEXATION DIFFICULTIES.

ANNEXATION DIFFICULTIES.
NEUTRALITY-SUSPICIOUS. QUEsTIoNs-TTIE RIGHT or
THE TENTH JUDICIAL DISTRICT JUDGE TO HIS
SEAT.
The suit of the People against John Flana-
gan contest the right of Judge Flanagan to hold
the position of District Judge OF the Tenth Judicial
District OF this city, yesterday before Judge
Van Brunt IN Supreme Court Circuit. The election
held under the Consolidation act Of 1879 by which Nor
rsania Klpgbrdge and West Farms were added to the
County Of NewYork Under that act the State, Assem-
bly and Senatorial tickets TO be canvassod In West
chester County Other tickets were to be canvassed In
NewYork In the election Of 1873 considerable con-
fusion arose. The inspectors elected under the Generai
Election law acted instead OF inspectors appointed un
der the Special Election law OF tho City OF New-forK
The Secretary Of State sent his notice OF election OF all
officers to the Sheriff Of westchester County,
and the inspectors sent oil their returns
TO the Weschester Board Of County Canvasscrs' VINO
refused to the votes for the city oicers uns
some later In some cases at the
Of Mr. Flanagan, made out duplicate returns anu ioI
warded them 10 the County Canvassers OF Hew Wn
County They we're there canvassed and MT. FIanagan
was declared elected 1t conceded on the tIs smas
the Of returns correspondent ana hat az eriUr
Of the IN reducing by 63 the vote OF pir
CELL the opponent OF Mr Fanagan would not nave
the result Mr. Flanagans majority on either se o, lo
irregularities aud failures TO comply with the city elec
ton law vtated the election and made IL IN Ia" no
election. -.
Counsel for Mr. Flanagan moved, on the opening OF
the case Judgment for the defendant on the gonna
that an actual election was conceded tnat tne am
all the essentials Of election and as to the rest
merely averred Irregularities without aVerrlng haf "
any He moved the further ground tnat as no
relaor named In the suit aud no one was inJnrea
the Court having discretionary power over SUITS ~ ~
the nature OF quo oarranto, should stop the case IL
appeared that there material advantage 10 De
gained by it. He claimed that the act OF 1874 wncn
made valid the acts done under the law OF S's nau co
rmed Judge Fanagans title to the office for the rest Oh
his term, and there nothing OF any importance W
be gained by decision against him. Judge Van Bruhs
decided to take the evidence and at It's .e
Mr. Salmon and Mr. Curtss for plaintin MI CROOK anu
Chauncey Shaffer. for defendant
THE PROTECTION OF THE RIGHT OF DOVER
The trial of the suit of Jennie YOungs
against Hannah NJ Carter and Others against her step
daughters and husband facts Of which havo been
reported, concluded and submitted to Judge Van
Worst in Supreme Court Special Term, yesterday. The
defendants put in evidence OF declarations by tho plain
tiff that she had married Mr. YouDgs for love and not
such declarations.
ExJudge Fullerton, 10 summing up for the Defense
claimed that this denial Of the plaintiff was evasve
that TO succeed in this suit she must show that the con-
sideration Of the marriage contract the property
and she had failed to that aud to show afirmavely
another necessary fact in her case the intent Of her
DOVER and finally her right to dover too shadOwy
10 give her standing court daring her husbands
life. Mr. Marsh, In reply cited cases to show that
widow had recovered dover In lands under similar cir
suhIed, and to the suit being premature, he con-
tended that not necessary for wife TO the
risk OF the property being sold to bona de holder but
tue suit should be brought she knew the facts
Decision reserved