New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-30
DOM MERV
"SEC"
CHAMPAGNE NATURE (Vin Brut).
Owing to its rare Excellence
commands a higher price in
England than any other
Champagne.
THE COURTS.
ELEVATED COMPANIES IN CONTEMPT.

A POINT AS TO THE JURISDICTION OF SUPREME
AND SUPERIOR COURTS
An interesting question in Elevated railroad liti-
CATION. which incidentally brings up point to the
jurisdiction OF the Supreme and Superior courts
decided yesterday by Judge Glldersleeve. Of the
superior Court who fined the Manhattan and New
York elevated railroads sli,1jo and adju1ged them
In contempt Of court.
The decision was given In an action brought by
Henry IL. Taber individually and as executor OF
the will Of Charles G. Taber against the elevated
railroads 10 recover damages for the taking OF the
easements In front OF the property Nos. 49, 139
and al Pear-st. and Nos % and % Beaver-st. The
action brought in 1859 to recover the damages
and for an Injunction t. restrain the operation Of
the road. The action tried in May. 1893. and
:. Judgment was entered for $4,000 In favor o. the
plaintiffs against the ecvdted railroads on August
% 1885, In accordance with the provisions OF the
judgment. the elevated railroads received the op-
ton to avoid the operation Of the Injunction re-
strainlng the operation OF the railroads by purchas-
Ing the easements taken. This option was 10 run
for sixty days. but the judgment was no, to be
operative II the railroad companies rendered the
usual conveyance TO the plaintiffs twenty days before
the expiration OF the sixty days ana paid the judy
mcnt Of $500 The Injunction against the railroads
dii rot become operative until October ~. lss1
The elevated railroads. instead OF complying with
the conditions Of this judgment. awaited the result
OF condemnation proceedings which were taken
in the supreme Court subsequent 10 the bringing or
the action in the Superior Court. ana when were
sent t. the commissioners for the purpose OF award
ing damages. This was done. 1t was contended. so
that they could elect which judgment they should
pay The commissioners appointed by the supreme
Court awarded judgment OF 5000, and their r"-
bort WAS confirmed on November =. 1893. when the
sum awarded WIS rendered to tine Plaintiffs. but
not accepted. and was then deposited in the New
York Life Insurance and Trust Company to await
the result OF further litigation. In the mean time
the elevated railroads obtained from the Supreme
Court on November .. 1893. Order requiring the
Tlhers % show cause why they should not De- al
lowed - remain 10 possession oi the easeIn"ht''
and stavin, an proceedings and any Interference
with the business 81 the railroads upon the SINihs
of security the payment OF The compensation
which was awarded by the commissioners. Appears
and orders we're taken and obtained In tn"se pro-
c"cliugs and finally the money was pai 10 the
Tahers which had been deposited with the trust
ing. ,;.lIers,ccve was then asked 70 aliudgc the
railroads ln contempt. ami - nu' them ID" d4N'i-
.rgc between the sum granted In tn" judgment IN
Oh. SUPERIOR Court and d., mount awarded bS tHe
Although the m,tlln WAS strouuously opposed ny
the railroads. fn. Julg" IS 90 opiu IN mat ~ must
he granted Ani the nu" Is for Nis,p IN" Judge IA
his Dp.nor says fflf. z fl' siay granted u} tnr
Supreme Court bad mo power claimed. y operator
D.. lfnlo the ln.i Judgment % another court ~ COM
t.teuf ilr..i.rl.on. Iu!sm'nt regularly pro-
r.r,I afI entered. He SAYS that the superior 'ouT
N0I annie ana complete power over IN" case, anu
,.at tae Court frrt % tax" jurisdiction over a ma
Ter has the right % pro- i' Judgment I'D ma,
other courts provided that mat court can grant inc
la. a.I f.f