Brooks v. Mayor of N. Y.

This action has been pending for nearly five years, and the defendants after having answered ready at the February and March circuits of this year, now move to amend their answer by setting tip, in addition to the defenses contained in the original answer, that there was not any authority in law for the publication in the New York Evening Express newspaper of the proceedings of the common council hereinbefore admitted to have been published in said newspaper.

The application is based upon an affidavit of Mr. Lacombe, one of the assistants to the counsel to the corporation, who alleges in his…