The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-24
THE COURTS.
Important Supreme Court, General
Term, Decisions.
AN UNFORTUNATE SLIP.
Removal Of the Missing General SmalIey
as Receiver.

Pursuant to announcement. the Supreme Court.
General Term, yesterday handed down batch OF
opinions. being OF argued at the last term
Of the Court An abstract OF tho more important de-
cisious Is given below.
Leading on In general importance although not In
volvng perhaps subtle questions OF law are the oe-
es,ons given In tho suits brought by Mrs. G. Jay Tor
the cjectment tenants Of hers who occupied por-
tion OF. her. building corner OF Walker and
Elm streets rs a liquor saloon, they having
como into possession subtenants and the
lease providing that liquor should be sold
premises. The matter camc before the General
Term IN tho rs action writ OF cortorari TO review
summary proceedings for tho removal OF the tenants
tho Court, Judge Davis writing the opinion holds
that the proceedings before tho magistrates
wero improperly dismissed, and gives per-
Same or any other magistrate. Tho whole
question, II IS held, turns upon the construction
explicit In its prohibition sell liquor on the prem
ises and in the penalty attaching TO violation OF SUCH
prohbition such penalty being double rent anu as
possession failing pay such increased rent boz
sides forfeiture OF the lease The other suit Was Tor
violation OF the illegal Trade act Judge Brady writing
lease us alleged forfeited In this the Court
decides also in Mrs. jays favor reversing the judg-
In the suit brought by Nelson Clements against
Francisco Yturria being an appeal BY the plaintiff
from judgment dlsmissing the complaint, the Court
airns Judgment Judge Ingalls, writing the opin-
ton. inc action as vii, DO remembered based
and miii.ary stores Tor the Confederate government
exchange for cotton. Judge ingalls,, In the course
81 NsS YORK; ana
at tho time that he was furnishing
sa pas 10 s s er his un oa
personal advantage. Tho whole transaction IS TOO
apparent to admit OF doubt and tho agreement was
void, as against public policy, and therefore no valid
tito was acquired by the plainti 10 tho cotton IN
question
tho celebrated Navarro water meter claim, growing
out or contract gwen by william NJ. Tweed,
by John BAIRD. assignee OF Navarro, against
the city for $500 900. Tho matter referred TO
DAVIS to vacate tho order Of reference the strong
point urged for the city being that the case should be
tired before ury ana ina, snSe rs,er
to influence his judgment adversely 70 tho city The
Court holds. Judge ingalls, wr.ns tho opinion, that
order and the same is therefore affirmed
Loring NJ. Black plead guilty 10 keeping gambling
house and was sentenced 10 six months In the Peni-
tcntiary. and to pay $3.50 ane. An appeal was taken
ground that the statute fails 10 give maximum
tmprson In the PeEitcntinry. Judge Brady, VINO
Tho opinion the Court holds that tho ground
Is well and tho order OF the Court OF Oycr
and Teiminer Is therefore affirmed An Important
decision given another branch OF this case,
the matter coming before The Court on writ OF
ccrtiorari to roview proceedings before Judge Brady
admitting Black TO bail The Court rsverscs the oe-
cison Judge Brady and directs that the prisoner be
Horny Clews, as VIII be- remembered was indicted
In Chautaqua county for transaction preceding bis
failure, bench warrant OF tho District Attor
ncy Of that county he arrested in this city, such
arrest at the tme beng claimed by MIR. CLOVIS 10 DO
nothing more or less than kidnapping. Upon writ OF
habeas corpus hero released by Judge
Dononue bail rho General Term, IN its decision
yaserdny Judge DAVIS writing tho opinion, sustained
Judge Donohue II being held that AZ the Court OF
Goncrai Sessions at which the Indictment TO be
tried In session at thc time oi the arrest
Judge OF the Supreme Court In tho State had right
10 admit tho prisoner 10 bail.
In the suit brought by Zacnaria L. Simmons against
Bentamin Wood growing out OF lottery transactions,
appeal was taken from order denying motion
set aside the dismissal OF the complaint. judge
Brady, who writes the opinion, holds that the con-
tract between the parties purely private enter
PRISE which the law VI this State prohibits; but
Ihere ID nothing In II which comments itsci 70 the
sideraton OF the Court and that applying the doc
trtne of determining how tar the comfy existing bc
States whore lotteries legn and where they
shall be extended. this not calling
Tor It's application. Tho otner judges concur Ia this
view. .s-.
The decision OF Judge Lawrence in the suit brought
by the Bowcry National Bank against Abraham Dwyer
Is reversed Judge Ingalls, writing the OPINION Judge
Lawrence decided that under the new code when tho
plaintiff desired 10 arrest dcponent, not only The
ol action must be stated tho compliant put
his vi arrest TO enable the jury to pass only
tho question OF tho Opponents liability in money,
but on those questions which might deprive him OF
hts liberty, although not connected with the reasons
which gave right 10 judgment Tor money only.