The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-06
THE COURTS.
Decisions by the Common Pleas,
NJ General Term.
POWERS or THE HEALTH DEPARTMENT
Unexpected Disposition of Queer
SANDER Suit

Thu General Term OF the Court of Common Pleas has
rendered batch OF decisions among which the follow
ING arc the most In the OF the Health
Department against Mary pinckney tho facts are as
foiows-In 1878 the Legislature abolished the Metro
potan Board Of Health and created the present Health
Department Under the laws relating TO the OLD Net
ropoitan Board il was empowered to aud did bring
actions tor penalty Of $50 against all persons VINO
failed 10 comply with orders made by IL and claimed
TO have been made for sanitary purposes me
present Board, since 1878. has continued to bring
similar suits These actions about as numerous
and rs annoying TO property as those for tho
violation OF corporation ordinances 10 business
men. The suits were brought in one OF the district
courts, ard many people from all parts OF Inc Guy
were compelled to visit that court
Tn. defendant in this case was the owner of prop
erty up town which the Board repeatedly ordered hor
TO I'LL up These orders she did not obey, and num-
Der OF penalties have been brought against
her In each she was successful until finally,
scycral months ago, one case decided III her
favor below. was reversed ut General Term
on tho ground that the court below had
placed It's decision upon an erroneous ground;
Thercupon tho case was tried and ucciuco
ia plaintiffs the district court, anu from
that ,udg this appeal was taken by defendant IL
was urged tho part OF tho defendant that there was
no law imposing any penalty Tor a failure 10 obey Inc
special oruers the present Board oil Health and that
All tho actions brought heretofore were without any
warrant in law. An extensive examination oil the
statutes was involved IN the decision oil the case, ana
Cnici Justice Daily has written long and exhaustive
ppnion on this case and reverses the judgment rem
dered below plaintiffs favor aud holds that there IS
no law imposing tho penalties sued Tor inc decision
gwen is unanimous, Judges van Hoescn ana D. i. Day
:oncurring with tho Cnct Justice in his opinion W.
p Prentice counsel 10 the Board OF Health, appeared
Tor plaintiff and Allison 4 Shaw for defendant.
Samuel A. Mowrcy, Jr., brought SUIT against the
World Mutual Ltic Insurance Company 10 recover on
policy OF insurance on the ne OF Nelson ~ Mowray,
taken out March 8, 1865. Nelson Mowrcy died April
g. 1868, aud SUIT rs defended on the ground that
the insured made erroneous answers 10 tue Questions
printed the policy and by is terms made warrahees
In answer the question to what his business was
he answered that was q manufacturer when IN TACT
he was l,q uor dealer He also asserted IN answer 10
another question: that he mad never been attended on
his own account by physician, and also mat no oid
use acohohc liquors, all OF winch ~ Is claimed
were erroneous answers. on tho trial tho complaint
was dismissed this ground. Judge Larrcmorc.
who writes tho opinion OF the General Term OF the Court
OF Pleas reverscs this decision, holding SUD
btaniiuy that The answers were correcl
In the suit OF Clayton Bclknap against General
Daniel L. Sickles which was brought TO recover Tor
money alleged 70 have been loaned the defendant III
1861 by A. A. Bclknap and the claim LOT which was
assigned 10 the paintil, the defendant, among other
decnces, pleaded the statute OF limitations. The case
came before the General Term OF the Court oil Common
Pleas on u motion make the ourtn subdivision OF
his answer more definite and certain ny stating the
tunes OF his absence tho State of New YORK from
Juy l. 1861 10 December 1916, ana Tor what period
nm. continued The General Tcrn-Judge RoDinson
writing tue opinion --hoas that the time OF the de-
iendant's absence should have been stated, aud, WIN
certain notifications, rcverses tho order appealed
from.
In the case of Phoebe b. Allen against Otto Meyer.
the lawy or, in which an attachment was granted
against the defendant the ground that he was dis
posing OF his property with intent 10 deiraud his
creutors, a motion 10 vacate the attachment WAS
granted at Special Term. The General Term Of tho
Court Of Common Plcas-Chict Justice Daily writing
the opinon-rcvcrscs that decision holding that the
facts were such 10 have legal tendency 10 make
out the charge
DIR. Alexander Ii. Mott was in his carriage on Third
avenue, and, while craving NJ by the Sidewalk, was
RIM mo and overturned and aIv Injured by cur of
the Consumers Ice Company. VI SUIT Tor damages
the complaint dismissed on account OF the alcga
ton thai the driver ..wiuily' drove into the plain
Lin wagon defendants being responsible for will
full misconduct or Their servants. The General Term
Of the Common Pleas, through Judge Larremorc, sus-
tanned The dismissal.