The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-01
THE COURTS.
Important Cases Decided by Supreme
Court, General Term.
HARD STRUGGLE FOR LIBERTY
Pleasing Perquistes Of a Government
Department Clerk
JUDICIAL ASSIGNMENTS FOR APRIL.
HARD STRUGGLE FOR LIBERTY
JUDICIAL ASSIGNMENTS FOR APRIL.

The judges OF the supreme Court General Term,
comprising Judges Davis. Brady and Daniels in addi-
tion 70 aoding court all the month, have evidently oc-
eup,cd good deal OF their out OF court in writing
Opinions upon tho argued before tbcm IA
prompti,uds that will OF DO appropriately ap-
prcciated by lawyers, who always impatient TO
know what disposition Is made OF their Cases batch
OF decisions handed down yesterday but none as It
happened, however, in cases OF very great public
interest An epitome OF the important decisions
10 given below
John 7. Haneman assessed 100000 Tor his per-
sonal estate. He applied TO tho Commissioners TO
vacate the assessment for the reason that his personal
estate amounting In the aggregate 10 $12500o except
ing S.. 500 continuously employed IN the business
Of exporting cotton to foreign countries 1t was
claimed that the taxation OF such property
constitutional on the grounds, FIRST that
Congress shall have power to regulate com
merce with foreign nations and among tho several
States and with the Indian tribes; second, that
no duty shall be laid articles exported from
any State; and, third, that no State shall, with
out the consent OF Congress- any mposts duties
on imports or exports Tho matter came before tho
Supreme Court General Term, certiorari 10 review
the OF the Commissioners refusing TO vacate
the assessment The Court holds Judge Daniels writ
Ing the opinion that tho imposition OF tax upon capt.
tai cannot be assumed regulation Of commerce. that
In which might be used simply as his property:
the money was not export nor was u intended Tor
expectation. The property he purchased with the
money acquired character, and the constitution
has only exempted tho articles and not the capital He
therefore aiirms the decision OF the Commissioners.
The matrimonial troubles Of Pauline Lucca al
roady been fully published IN tho HERALD. Having
procured from Baron Won khade sort OF railroad d.
vorcc, the written agreement stpu atng that the d.
vorce should be procured within three months,
she married her present husband: The
on his application The judgment was opened
Al Special Torn, with liberty to answer tho
Nine Lucca, and sho brought suit against her attor-
for damages. The case was tried at Circuit when
the jury, after hearing the testimony, thought the
facts did any such suit and the result
q dismissal OF tho complaint From this an appeal
was taken to the General Term, which Court Judge
DAVIS writing the opinion revcrses such judgm and
directs q trial.
In the case Leopold Bambergcr, assignee Of S.
A. Castle a. Co., in which suit brought for the
purposes OF distributing the fund and asking for dis
charge as assignee, the Court by unanimous dec-
yesterday reversed the order heretofore made by
Judge DoDohuo appointing receiver The Court
says mat the unsustaned evidence of Mr.. Hyams war
ranted interference on the part of the Court and
that the administration OF the trust by Mr. Bamberger
in compliance With the law. Tho action OF
Mr. Hyams was, in the opinion of the Court, totally
Andrew 1. Roberts one of the parties charged with
being implicated in the great railroad bond iorgcres,
has been confined Tor long time in Ludlow Street jail
on account OF non-payment oil judgments found
In the superior Court He sought his discharge under
The InscIvcnt Debtors act but the application de-
fuses TO interfere on the ground that is res adJud
cata
in laying out the Southern Boulevard the land
picd by ST Johns College, comprising lOS acres was
divided, leaving on one SIDE the college buildings
Upon the other portion, without any buildings, taxes
imposed. and the came before the Court upon
Will vi certorar TO review the action OF the Tax Com
missoners The Court Judge Davis writing the opin
Ion) holds that the whole OF the college grounds
enpt from taxation the Same as before the construction
Dt the Boulevard.
William r. Martin, Commissioner Of Public Parks
n CO sci Windsor Hotel COmDapy. n
bill Of charges for 500 000 which bill has already
been published IN the HERALD. The hotel company
considered these charges extortonate ana refused TO
pay them, and especially insisting, as II does that
tho not on It's retainer. but that OF John
+. Daily, who had paid IN iu Tor the services ref
erence ordered and now the General Term
verses this order, directing trial by jury.
motion recently made 10 dsbar kaufman
Simon by Judson s. Worln IT beng charged that Mr..
Simon guilty OF Irregular practice IN having
Kennedy make affidavit Of service OF summons upon
Worth, which summons the latter claimed never
made. The Court after a thorough investigation OF
tho facts found that there was not scnllia Of
dence against Mr. Simon, and SO dismissed the pro-
ccedings.
Michael Leary, policemen, who playing ca ds
his beat hoped through this Court 10 effect his
statement policeman The Court, however, sus-
tains tho Police Commission in It's action.
Judge Daniels gave the decision OF tho General Term
In the matter oil the People ex rel Ellen A. Doubleday
vs.. Kelly. Comptroller. During the present month
non.payment OF taxes for lso9-7Q The purchaser,
William H. Ely, advanced the taxes, and
measures were taken under tho act oil 1871 TO
complete the title. Alter the time for the redemption
Mrs. Doubleday offered to pay the Commissioners the
taxes and per cent interest, which less than
the terms OF The OF 1871 required, her application
being made under the act of 1876, and the Comptrol
Ter refused the offer the ground that the latter act
only applied 10 npayment OF arrears, and did not
provide Tor redemption after sac and that tho act OF
1876 Is only applicable where there Is sale. Tho
Court so holds; and the order dcnyng mandamus
against the Comptroller TO receive the offer Is affirmed.
Charles A. Harrington got contract with the Dock
Department Tor supplying sand and broken stone IN
quantities 'smore less to be estimated by the
gineer The plaintiff sued Tor supplies over and above
the estimates Inc oily refused payment, holding him
TO tine exact amount of the estimates The plaintiff
got judgment and the city appealed. Judge Brady,
delivering the opinion OF tho General Term,
says that the quantity. as suggested, Is
only estimate, aud that the plaintiff would
be bound TO deliver all that necessary to fulfil his
contract or such part thereof the engineer might
necessary The plaintiff has the certificates OF
the engineer and Of the Dock and Public Works de-
parmcnts IN reference to all the additional quantities
received and used, and now, Judge Brady says .ater
the property being called for received and used,
defendants seek by narrow to avoid pay
mcnt. The honesty oil The claim is not assailcd, and
judgment Tor Harrington must be affirmed with costs |"
kNOTTY LAW QUESTIONS.
An application made yesterday by Mr. william
n he Cnurt INF In,