New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-03-16
THE COURTS.
r1Ty LITIGATION.

-. ,,oD ,1,uPrp. PAVING, AND ADVERTISING.
nrbo second trial OF the suit of James blgler
=, ,ba city was begun yesterday before Judge Law"
70 Il, srrr,lna Count, Circuit. The p!eihtH lurHiShe'
q, ,tc Dcpartnent of Docks large qnah'',S VI i"
-, rss uscd in building end repairing PIERS ana 'ne
Int claimed is about 100000 On the nist sult 'he
,,g having proved the inspection and acceptance oi
a. required by the contract, the Court reiused
q, cone, M evidence to The condition OF the UNI
- in the piers where the plainIih 8 lumber was u.s.
pd the plaintiH recovered verdict inc 0eNeiu ~.
a, the supreme Court reversed tie JuesneN''
mat as the city had alleged fraud III 'ne
e., ,trsct such evidence should have been auin'',eu
.,io,, IN show that the lumber was cot UP 10 inc
-. s,,,,,do1 On the re-t.ial evidence on lhiS
-, occ,uird most Of yesterday. Enoch L. fah'nei
rd Mr. Fullerton appear for plaintiff; james NJ o"''
md C. r. Miller Cor the city, ,..,,
Tho third trial Of the suit OF the bo"ciS 1''
,.t tho CITY was hcgun yesterday before Jn"Se
a, .h e,,ce Court Circuit The plaintiffs sue
s asscnees Of the HGmGr Wood Preserving oon'u! io-
,t,s ~, a,nt SO 900 alleged 10 be due on eoh'l'0'
., u,vc overwhelmingly iShh-s, oe'Ne'"
ora and 81 xth-avos. The contract rroVldeo '' ~
nancy should not be PAYABLE unti "iIci e.i ''
given ty the Water Puryeycr that inns WON VIC -,
erlr done The pavement was hafuy oo"n W. ,'.
o,tv ovyuers 10 he assessed began ali nOuhcu' s''
q, nrcvcnt any further action 10 charge them "i'' ~
- ., tbe work and obtained an Injunction pending
,,e sit AGAINST any further action OF the Guy oD'"
looking To completing the assessment Oh t"o,' 80,
rase has since remained in that state On lhc 1857
the Court dismissed the plaintf company =" w.
,opd tl,t the giving Of tho Prycyors cer'ica'' was
condition precedent, and sat IL absence c'u'u nv "
vr,o,uca The Cout Of Appeals reverted ms 0eci'n'
r,tnc TIN, ~ tho nondclvery Of the ceruica'c WAS
occasiopcd bv the negligence or collision O' 'e c! III
regard 70 the citizens suit. II was waiver OF te co' -
t,,n and Ilsutn could without IT. 1Ec cas- 10
sin on Gcorgc W. wingate appears Tor laih'n a. d.
Requer FOR the CITY :, T., 49,, 400 90 Coo,loa A JIav-
tiiis AGAINST the Cty has settled question as ~ -
ci;ys liability on olSs; OF CLAIMS iCt u, Tiv Cai,
vassers in May, 1876. 20 pabsh IN ne h1H'Hp Nt$
Paynep beng refused Mt Hawkins, by Elliott sand
fI his al or ey began srit, claiming lat eSe otCes
VA ,c ,r~cted nv city or county tax levy provisions.
Al the TRIAL in the Common Pleas JUDGE Low os'se !,
the complaint, holding that me TAX GIE W. t ,,.
Canvassers and this Judgment wac affirmed on appel a.
the General Icm that Court sShns me NST t az, VIZ,
The Court OF Appeals have unanimous! q ~"
tIaL holding that Boards Of County CGnI asscrs
tL".,l coInnsscd OF town officers, do not meet
n. sui H. and are created fOr merely local purpose
s, law al The state in inc due execution o. which every
p.rt 4 the state ana every citizen nas an t.es' I'M
,u rio illu. Of them in which the results Of the tee
ION. shall published has not been III terms repeated
eIel.icn Of this law rs sought TO be spelled out from
~, prr;sr OF the several taA levy Atts ths
atoi winch passed IN 1850, giving the mayor anu
Controller poHel to designate papers IA N.iCA 10 'et
s ali proceedings and notices lt&tlhr 10 county ~
airs" "a repeal OF statutes by lnphc&;ioh' "a! inc
yrr Of Appeals, is not favored for obvious reasons
AoUc Others. tie Legislature may Wed ee deemed com
nstaut 10 declare their whole intent In mtcn-otc IAN
gscc and to.cfoye courts ought 40; u al'ioE'e an III
t.rt aud give effect 10 AT ncyOni ls terms eNCtlt
cn0n the F.nest manifestation @: the intent or INC IL"
masne rover. Inc rule Is that d statue our!
-c-.es - "a repeal 81 formcl enc 10 ih' eA'cS' lGH'
Two arc r.tg -nani." IGeIc DO IciuEEsncS hc-
vsu thrso Two StetCtes, AID both could stand IAe
ruHIfat,n sued Ter was not among thc services iot
,ib thr MAYOR and Controller had authority 70 select
f,a not being proceedings relating q county Al
~" TINS Get.sou valljgtes claims ny otAci news
Isltis iur Large sums OF money.