New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-11-11
AOUEDUCT CLAIM FIGHT.
ARGUMENTS HEARD REGARDING The
CHANGE OF VENUE.

The fight by Controller Coler against inc pay
ment OF the sum OF $7oo.oN for which supreme
Court Justice Scott when he was Corporation
Counsel confessed judgment on behalf OF tne Guy
on December a. 1897. to John O'Brien ano "@''o.
H. Brown as receiver Of the assets OF the nrm Oh
Brown Howard & Co. who were the contractors
for the new Croton Aqueduct was continued yes-
terday before Justice Bookstaver In the supreme
Court
The question arose on a motion to continue
temporary Injunction obtained by irving l. BUSH
n Brooklyn taxpayer restraining Controller Coer
and the city OF NewYork from paying the amount
of the Judgment which has been affirmed Dy 'he
Court of Appeals. This motion came up oeiore
Justice Dickey I'm Brooklyn on November 2 ou. ne
directed the venue Of the action TO be cnahgeo "
New-York County, on the ground that the char'er
provided that all actions against the city shoud
be tried In the county where the cause OF action
arose He held that as the Judgment was confessed
before the consolidation. and as the actions hao
originated there. the new action brought py busn
should be tried In New-York County
When the motion came up before Justice BOON
staver yesterday afternoon F. F. Kellogg OF kei-
logg & Beckwith, who appeared for Bush' 'he
plaintiff in the present suit asked for stay ~
allow the Appellate Division Of the Second De-
partment TO pass the appeal which ne hau 'aNei'
from Justice Dickeys ruling transferring the case
He said the Appellate Division would decioe III '"0
weeks
L. Latin Kellogg, or keHosB. hOse I"
peared for O'Brien and Brown, and opposed 'ie
motion for a stay. He said that Justice OlckeH
rnIinr rnr,st be held be right. and quoteu my
section of the charter providing lot the uiiai %
actions trough against the city. The only qu'es-
tjon arising here whether or not tnS mo- IL
10 continue the Injunction should be heard mere ne
alleged that Bush had no iisH1 as Z" ''i-'
bring this suit. . .x.,u.. ha shouId
hold that Justice Dickeys decision was co atvan
,nisss strong evidence and authority were sNep
10 the contrary -, 49,. p,sh could
NOT hiring his action taxpayer until aiter tie
Consolidation. when he became citlzen OIL ,ni'
mont which he considered to be illegal ana "h i
should be made from the finances or the cry,
The cause Of action arose where the tdAPas sat
bringing the suit resided, and therefore MS aPPe.
was a meritorOus one. and a stay shouiu NC
granted him until that appeal had been decldeah;
81 do not know how Mr.. Kellogg hypnouzeu the
AppeIlate Division Of this department., +; r. he-
jogg said "but the fact remains that ne oid So a
Assistant Corporation Counsel charles banu!
opposed the motion behalf Of Corporation Soun-
sci Whalen and said he desired the tIia OF t sa
action In New-York County He had thereloIs
asked Justice Dickey to change the Venue, anI
that Judge seeing that the law clearly pIoVioeu
for its trial in this county. had transferred IL.
Justice Bookstaver said he would near arg
on the main question. and would reserve MS &c
cision on the application for stay MADE by r. r.
kellogg. +. +. Kellogg then proceeded 10 argue "a, as
10 the ACCESSIBILITY of continuing the temporary IN
junction pending the trial Of the suit: .
When F. F. Kellogg had finished his argufnehe
Mr. Blandy argued on similar INES against 'ne
continuance OF the injunction.
Justice Bookstaver reserved his decision