The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-12-21
DALEY OR LIVINGSTON
A STAY OF THE REMITTITUR OBTAINED ny THE
DE FACTo sIrRRoGArE OY KINGS COUNTY

A STAY OF THE REMITTITUR OBTAINED by THE
DE FAcTo SURROGATE OF KINGS COUNTY.
The decision of the Court Of Appeals in favor Of
the appellant in the suit of Walter l.. Livingston
against Abram II. Daley. Surrogate Of Kings
county. to obtain possession of that Office proved
the leading topic of conversation about the Brooklyn
political centres yesterday. There exists much
diversity Of opinion upon the subject. The most
interested parties in the matter in dispute. with the
exception of the principals. the clerks and court
officers, whose tenure Of official life depends upon
the final disposition to be made by the courts of tho
case A trial, set forth i'll the decision, has
been granted, and will be held before the February
term OF the Supreme Court. The present incumbent
will make vigorous effort to hold his
Office until such time the may be retired
and verdict rendered by a jury. Mr. Livingston.
who holds the official certificate of election. WILL
the other hand endeavor to reinstall himself upon
decision rendered in his behalf by the Court Of APP
peals. There three years of the term OF the
Surrogate elected in 1876 unexpired so that there is
quite object in making urgent effort to hold
the Office. 1t Ia stated by lawyers that while all the
official acts performed by Surrogate Daley loyal
and binding. in order to make assurance doubly
sure" and to leave loophole for legal quibblers
to crawl through. an act will DO passed
by the Legislature this winter to legalizo
ali said acts. Among the more important
cases under examination before Surrogate
DALEY ut tho present time are tho o. Hara will Neil
Doug herty WILL the Devlin will. Commodore Brad
ford will and the Msrtenhon will The investiga-
ton OF these Contests which have been necessarily
tedious. will have to be begun dc novo by Mr. Liv-
ingston. II stated in Brooklyn that Martin
Taylor, who about year ago charged that certain
ballot boxes had been stuffed In the interest OF Mr..
Daley while in the keeping of the police ut certain
station houses. will appear on the new trial AZ
witness against that gentleman The charges in
question, when examined before the Board OF Police
Commissioners. were dismissed disproved Tho
opinion OF the Court of Appeals in the Livingston
DALEY is being written by Justice Church. but
IL not ready. Tho decision has been placed
record and the rcinttitur to have been
sent to Brooklyn yesterday. Mr.. Daley. however.
I'm wei tO m. a n
application before Justice Folgcr, of tho Court Of
Appeals yesterday. to grant stay Of proceedings
the rcniitttur OF judgment in his case. The Judge
granted tho application, and when the Court OF
Appeals rcconvenes, which will be ON January IL,
1880 motion for reargument will DO made. All
proceedings, 1t is claimed by Mr. Daicy's friends,
are consequently stayed till the Court shall have
decided the motion for reargument. This latter in
formation was received by the court employees of
the surrogate as cheerful piece of information.
they claim they cannot now DO disturbed until the
argument has been decided upon.