The New York herald., 1877-03-03
THE COURTS.
Suing tho City for One Hundred and Fifteen
Thousand Dollars and Getting Six Cents.
PUTIN EN- OUT OF COURT.
A New Departure in the Countess Helm.
nch Litigation
JUDICIAL. RAP AT REFEREES.


A decidedly discouraging drawback to the multitu.
dnous snitors against the city who have been nope
fully anticipating large vcrdics account OF damages
10 their property through drawing of tho water OF
Lake Mahopac IN 1870 on OF the water drought
Of that year. will btless be tho verdict Of six cents
damages given yesterday in favor OF MIS- Saportas,
plaintiff a suit against the city, tho triai
pi which has been in progress since MONDAY
last before Judge Van Brunt, holding supreme
Court Circuit. While other suorsone OF these suits
being for 5000 600 damageshave failed 10 press their
,uits with tho energy that naturally would DO looked
Tor under the cumstances ana the almost UNIFORM
anticipation OF muctng the CITY IN heaVy uainaecs
has been cil to Mrs saportos 10 be he pioneer IN
the hca litigation. Several years ago Mrs. Sapoitas,
entrauccd no doubt by the charming scenery at Lake
Mlhopac bought several farms contiguous 10 he lake
and built stately mansion upon site commanding
beautiful view OF the lake and The cnvironing land
scape AS she states her original outlay was $2ou
ana 10 this she added further expenditure OF Sl2 600
IN 6t,ing rp residence and improving the grounds
Few country seats adjacent 10 the city presented snch
picture OF rural spienaor anu scch'c oenu.y.
she waters tho lake were nearly ortwn
dry TO keep up The needed supply OF water Tor the city
A nlm OF slime covered bed OF the lake. From the
decay ing vegetable matter lnOdorous exbalaons nled
the air. In tho succeeding winter months mulariai
diseases afflicted the Inhabitants All oil MIS- saportas
children were sick This sickness vas at'rioutca 10
draining off the water OF the lake. and IN the possibility
frequent occurrence, the came TO be looked upon
as a p:ague spot Mrs. Saportas sold her beautiful
place. quite Tor song 1t is true out al hgsre 80
much below the original cost and outlay that she
thought she cnttled to be paid the difference by
the city. such difference having been figured up at
$l5 She employ cd the Messrs Bartlett 10 prose.
cute tho SUIT and Assistant Corporation Counsel
Sicson and Miller defended tue city,
The leading points 81 the testimony have already
been given IN the HERALD Many different stories
were gwen by the witnesses Some families were SICK
and some were not and the sickness was ascroed 10
Az uSun led
upon The subject OF maaria diseases disagreed When
the counsel commenced summing up yesterday they
went their respective work with unwonted vgor OF
Will and purpose. Black letter law and our modern
law books ransacKed Tor preccdents. or course.
In fog when tho learned counsel had
concluded their ongdrawn barangues. Not
content with their prolonged arguments, they handed
UP the Judge numerous special requests TO charge,
which only served TO intensity tho iog lu TACT Judge
Van Brunt implied this much when he rose to make
his charge. He began by reading these requests,
which ho preiaced by stating that he did not believe
the jury woald understand their import He, how
ever, speedily dispelled The fog by the clear succnct
and comprehensive manner IN which nc stuted tho
tscts. Dropping legal rulings, he told IN plain English
what ursance is and what It is not. lie indicated
clearly tho standpoint IRON which they were TO win
The lacts; clear noeed that the jury werc out but
twenty minutes whcn they brought In verdict for six
cents damages as stated above This Is regarded as
OF the most important legal victories the city has
achieved Tor time, establishing precedent for
similar verdIcts In tho multiplicity OF similar SUITS
peuding against the CITY,
CASE OF COUNTESS HEINRICH.
The particulars of the suit brought by tho
OF the late Daniel Ma against Catharine E. Hicks,
otherwise known Countess Heinrich, together with
action brought by her against such executor
already been fully given IN the HERALD. In the
iormer suit judgment was taken against her by de-
!ault claiming that injustice done her through
the rendition OF such judgment Shc recently came
from Europe in order to take proper steps 10 have
anrh dcfan nit she IN tO hay A pood
fence on the merits Several days SINCE fully
ported at the time, there extended argument
before Judge DAVIS, in Supreme Court Chambers, the
main point raised IN opposition 10 the motion to re-
open the ria being that she should hle security Tor
rosts the bond asked Tor being ri an amount which
she alleges she unable to furnish Judge Davis yes
bcrday gave his decision IN the case, the follow
be- be- seen. the way has been opened for
Tho defendant in this case, by the terms i'm.
posed upon her by the iormer motion, has been de-
prvcd not only OF trial o this action on the merits
but a consequence Will be deprived OF trial on the
merits OF her own action 10 equity Tho supplemental
answer setting up the judgment IN this action bar
TO her recovery in her suit in equity will probably
defeat her there, however meritorous the case she
may present. This result will be s;rkingy unjust and
ought not to pc denied case like this by hcr
antagonist. have doubt Of the power OF tho Court
10 relieve her from this dilemma on proper terms, nor
Of It's duty TO 90 SO. But II seems me tho
In this shoull be held in abeyance
until the trial and decision of the suit in equity tor II
Ehc succeeds i'll that suit II will be very clear mat the
judgment tins ought TO be opened while II she
be beaten in her equity suit tho judgment herein
probably should not be disturbed have concluded,
therefore, to direct that II the plaintiff in this action
shall stpuIae within twenty four hours after the
service OF copy of this suggestion upon attor-
neys 10 withdraw his supple mental answer above |
mentioned or not to give evidence of the Judgment
hereunder oncr or prove said judgment the trial
Of the equity action that The may be disposed
OF It's merits; then the final decision OF this |
motion be suspended until after the trial and decision
OF the equity Otherwise order will be made
and entered vacatng the judgment in this dDOn on
such terms will enable the defendant to comply |
therewith IN time to prevent the OF such judgment
defence bar to tho defendants suit ia equity.
The attorney Of the defendant may file with mo an
affidavit OF service Of copy OF this suggestion The
plaintiffs attorney, and II such stipulation be not
made OF the refusal or neglect 10 work tho ut
any time after the expiration OF such twenty-four
hours, that further action be taken by
Court IN respect OF The present motion.