The New York herald., 1877-01-13
THE COURTS.
Affirmation of the Judgment in the
$6,OOO,0O0 Tweed Snit.
GENERAL TERM DECISIONS.
Ante.Nuptial Bargain That
Was Not Kept.
THE CIRCUIT OF A CIRCUS MAN.

Tho Supreme, Court General Term. Chief Justice
Davis and judges Brady ana Daniels on the bench
handed down yesterday decisions In large number OF
cases argued before the Court a. It's last term Ao
etracts OF the important cases are gwen below.
Taking precedence in importance Of course Is The de-
cs,on given IN the appeal from the verdict rem
dered in he trial the Tweed $4,000 900 suit before
Judge wcstbrook In aniI ming the decision Of the
lower tribunal the Court has done what was generally
anticipated would be tho result OF It's examination into
the various legal points raised behalf OF Mr. Tweed by
counsel in support Of such appeal The presumption
is that this but another step takcn IN the course OF
the litigation, further appeal VIII doubtless DC
taken from the present decision TO the Court OF Ap
peals rho opinion Is written by Chief Justice Davis
He examines carefully all the points raised,
and new points are raised II 10
mainly q more concise statement OF the opposing
points raised the argument by the prosecuting coun-
SOL which published fully in the HERALD at the
time. He says that II appears that sufficient number
OF Jurors could not be obtained from the struck jury
md the Court ordered the summoning Of talesmen to
hI up the jury the Coroner directed to cxe-
cute the order the sheriff appeared to be party in
interest Defendants challenged tho power OF the
Court 10 make this order, but tho General Term coin
cdes with Judge westbrook IN his opinion "There is
NO ground says Judge Davis "o disturb the verdict
on tho ground OF the challenge against the jurors, as
the proof they all acquitted themselves oil oas II
was objected that the Court had no power 10 sit as
trcr OF the challenges TO the favor and common law
trers were demanded, which was ovcrrulcd THIS
practice however prevails IN the federal courts, aud
no one doubt It's consttutionality The ex-
ccptiops taken numerous 10 be noticed in do.
tail The gst of the action was an alleged conspiracy
between Tweed and one Watson dcraud tho city
aud county, ard the evidence TO be given on such
actions not TO be restricted narrow ana arbitrary
rules tho testimony objected 10 tended 10 prove
the purposes OF tho parties The case against de-
fendant was made out on clear and undispu'ed evil
dcnce, and more evidence than was necessary was
gwen; substantial defence was proved fnd no ex-
panation of the facts offered. The Court holds that
the rulings aud charge more favorable to de-
fcndant than entitled by law, and the verdict
for less amount than the jury would otherwise have
gwen. The order ana judgment appealed rom 49,
therefore, affirmed with costs, and tue 500, 600 allow
ancc pronounced not TOO large, considering The
expense OF the CITY In bringing and defend
The extent which taxes be imposed upon bank
shares Is shown in decision gwen ~ the SUIT Of the
Tradesmens Bank against the commissioners OF
Taxes and Assessments The matter before the
Court certo-ari proceedings TO review the action
o the Commissioners IN taxing the shares owned In
the capital stock the bank. Judge Daniels, who
the opinion, says that there arc two elements OF
value-that OF the shares III the market anu that OF
the liked or nominal capital OF the bank The market
value OF the shares that which required TO be val
ued Tor assessment aud the fixed or nominal capital OF
the bank is that which must be considered IN deter
mining the rule 10 be applied TO ascertain the deduc
made on account oil tho investment IN real
estate He ods that as in this case such investment
was one-nith OF The nominal capital, or at least had
been assessed, there should be one nth ded duction
IN assessment AS this point, however. has been
the nrst time prcsented he Directs the modin-
cation should be made without costs
John A. Chissman brought a suit against the Long
Island Railroad Company, for damages Tor injuries
sustained white crossing over deendants platform 1T
one OF their stations, To send telegram from the oicc
IN the station. Judgment was against defendants, ana
they appealed In giving the decision Of the General
Term Judge Brady says the defendants employed The
telegraph OPERATOR out the business was JOINT in some
respects the receipts being divided between
them and the Western Union Telegraph Com
pany, aud tho latter not being obliged TO
Keep the station repair Defendants invited
the public use the telegraph; and, as Judge
Brady says. tne Indifference 10 the safety OF life and
limD which signalizes so many OF our public enter.
pr,se must bc condemned and the persons engaged
In them held TO strct accountability. The inuiier-
increase IN the ratio that the danger Is
enlarged.n He then goes on To say that examination
oi platforms IN stations at stated periods Is com
paraiivoy insignificant service. The defendants arc
Responsible lor rJures 10 passcnsers 'nropen % .ner
the telegraph Office is made accessible The Judgment
below Is affirmed.
In 1872 the Metropolitan Gas Company had a con-
tract with the CITY tor lighting street lamps tor which
they we're TO be paid $50 each. The Board OF Audit
reduced the allowance per lamp to S43 20, and the
cily rendered to the gas company S15s 96S, the ag
gregate sum due upon sucn dim nuton Tue matter
was cxamiuea into be lore a referee VINO reported that
the company entitled 10 the full amount claimed,
with interest appeal was taken 10 the Gcueral
Term. In The decision gwen yesterday, Judge Daniels
writing the opinion, the Court directs a new trial.
The city claims title 10 certain land, as also land
under water, now 10 possession OF the Norm Shore
samc under lease granted by The Department of
Docks Suit brought bv the city 10 have the
lease revoked. II Is not Claimed that such lease 10
void upon its face, but that IL Is not good
through omission OF certain statutory formalitcs.
The Special Term granted an order overrung dc.
murrer TO the complaint, from which an appeal was
taken to the General Term. In the decision IN the
case given yesterday the Court susains the demurrer
George Law owns house and lot ON Mott street II
Is irreg uar in shape and extends through 10 Worth
street. having thus two fronts For several years past
he been taxed and assessed as though they were
.f Nnrtu n has m
lakes aid assess one, but not on the other
having very natural objection TO this sort OF double
dealing The matter was brought before the Court on
cerorari reviewing the action OF the Commissioners
Of Assessments. The Court Judge Davis writing the
opnion) holds that II is clear case oil double assess'
Charles B. Wood sued the Erie Railway Company
for damages carriage sent on one of their cars,
and was uonsuted the trial because IT was proved
he was dong business under the name OF Wood
Brothers. contrary the statute the said "Brothers
beng yths lie appealed, aud the General Term re-
verses the decision holding that the bill making the
carriage deliverable to tho Carriage Warehouse Com
pxny meant contract TO deliver II to the party en-
titled To IL, who act the plantii II WAS with
him tho contract made, and defendants cannot be
exonerated because OF claim that plaintiffs business
was Illegally carried on The judgment below is re-
Jerome Weeks sued the New Haven and Hartford
bonds stolen IRON him on one of tho defendants'
trains. lie complained that no precautionary measures
were taken TO protect passengers, but the trial re-
suited ~ Judgment defendants Tho Ger eral Tel
pu hearing plaintiffs appeal, held that. there being no
contract with defendants except Tor safe carriage, and
40 proof that they knew that the plann carried the
bonds. thesc bonds were not baggage IN the lega
sense and the properly should have been left In de-
Icndanis' custody TO mako them Liable now trial
is ordered.
David umo got a verdict against the city for about
xl2 00O for INJURIES sustained from the falling upon
h,m OF an awning the corner OF l25th street anc
Fourth avenue The Court yesterday, the opinion
being written by Judge Daniels, rendered It's decision
reversing the Judgment on the ground that the CITY
did not build the awning and had no notice oi is I'm
perfect condition.
LOVE AND DEBTS.
In vacatng an OF arrest granted against Morris
LANCER, at the suit OF Amasa Branard and others
Judge McAdam OF the Marine Court rccitcs the facts
laid before bm the motion. which present strange