New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-07-26
CUPkEME COURT. -Horatio Seymour against II ,r.
2cm-2lork Daily gribnne.
BROADWAY RAILROAD.
Decision of Judge Paine, on the Motion, BY Grantees
10 FILE SI00,0 os security.

Thcr-sl y MAYER Aldermen aud
Of he Cts Of AeT-lo oh Jisob sharp and offers.
PAiST. This : melton brousht before Tue by An
order rturnaoe 70 day, requiring the plaintiff 20 saoF
Why order should nos b. mai- that the pa n'h
eve uy the c-fer iants fDther than the Mayor
Aldermen and Comnionaiyl ID the sum OF QUE hundred
III usLd dollars pursEaLi 20 ihe I'D section OF the Code
In notion Is founc,d on an siid w, Of ;h4 defendant
jacob SHARP stating tnN - President Of the Brott
Railroad Association. 50 association organized under
C,i, rs @; the Common CJulcd Of this CHy that ou
sd day II April l>- IL served Vth copy
Q. ;e inuI cf0n issued this action, ans me c.srIc
~ Of the broad~sy Railroad that sIch INJUNCTION hss
been aid sii Is III cause of great mi lry damage 10
the oeeudalts compr. .G association, ~hion damage
c-p"i -ufs "pim"D sn"utt- to ~ ss-f ~ Thousand dol
mont and that o. plA'I Is al rneI al believes
40 security o the ern'.g "' - in,ti'n 49, required
even.
motion i. opposed % al siisyr OF ,h- psin,ld
attorney containing the llOgg sta, Geut oi fac's
The action originally brought against toe Mayor AID
.ru,u and Conmousty oftu. C,'y r--trsu them from
granting cob Sharp ,n7 privilege E
ing ralrosd in Brotde and M ipluuc"n T. rh' ede'
granted BY Judge Gang helupon n hn< 'in7 usual
+ unoertakng Subsequently. mer the i''unction had
been terS ed upon the Ma Alem-o, tud Conmona.ty
iht prCceectc 20 maxi tie p hlbucG giant aud 10 E-
with uli know ledge 81 the Junction, accepted by -he
'her i.ndan;s, who were 'ner mad parties 20 ih
suit by supplemental bh. ,nd Oh the 18th OF Alf
Jucse Emmett ordered an Injunction. 90 tn usual
UNDERTAKE given by Alexander Stewart security
fts'rsinirs them Fl, IN laying the railroad The uni-c
as tie affidavit positively sttes, was Gully approved
70 form aud suthciency, by judge Emmett and sa-
by the deponant the 9TH OF April with tbs Clerk
-, the Court 9Th hou, it still remains
hou, the has been brought 70 trial or dn
bearing before Juoge Duer and toe afdSvit Iys tnat
tie hearing proof offered the part 81 the defend
part Ot their tDat Il ny snOIld construct
The rain oAc they could not run IT, according Z" the terms
1t graLi wi'.ut loss q a. iess; htf mn ct dol
ar- year lhr toavt s@is forth tn- testimony or III
uu Sherman 10 tbs effect. which It Is e.rss,ry %
rep.af here NJ ofh-r testimony except Sher mans ge
oii-Ird by hs Gsf-LdaAts upon III y'ut.
l.. idss The J. illc ia case res,r nx the de-
frneanis from n-hms the rod mlHr Junction It the
s1t oIsr pi-i4ths, has been granted eSiust the
-i oa I, IL the supreme Court ana i -til 10 "rce.
Ipu ihs s;cie,t OF iAc's. tn plaintiff counsel in
ihst fh- d-i-uoant- ar nor eAtued - ns security
WHICH thty
% 10 VI -,r. kng had been filed the grs..lg If the
junction b.. Judge Emmett The defendants would very
r.sary have been ert q NOR o-iehch remedy han
he s-k for tor h.y would have been entitled 70 move %
.tt ibc CIOn Wholly aside. 4s having been IRE Arly
tn requiring -uch An undert ISug - begtVen
no tie JLost hnyHg no po"eF "a dispense With Il S'
l., uay waive the mseg ulaTiy, auc nat tue ind
vLei to be- u-d tt-L snail be died no~. 6u
-. ieLGauts Mt reality entitled g. r-ri p enJ
kiud nu ~. gr"un0 hat uo Ouud n-c Tn ANA ,y
Mr Sharpe nereJ Say thai lie Is Informed aud behaves
that security required nd gwen wle tue aliIt
vi OF The painh attorney "y' ih"i h- hI'e died tim
he CLERK OH tie 81. - Apr
Bot III d-i-ud-n c1unse iA-ist-, that even bond
hIec. II ms motion, therefore be sustained
tor The want il ought t. be granted,
CuTy directed by Tia JDogn 90 granting The in ln'n -
vhv.iy inad.quat- 70 the nanag-s which the dernGsns
si ,u,tsin, By being prevented from making the road
shall pass oy other "a, stiOns. rai.ed me
un ent Ia nsi-r sl-hrr Judge Emmett nLvinS deter
nj. what c-ry should De- gwen 90 granting tns IN
Iusco' rap u"w .Iietain motion 4 g'v- greater Or
Other security
an n,t OF any in which his question has
los ay been eit FRED 10 By the cOuu- 81 either
parry. ! therefore decide uyon ths provisions OF
ibe ode, snd previous QfA i'- m eases "f man non
The s.G ) ction OF the Code provides that Nrero no
- vision AIDE by statute IS t. security uyun ll'Int
non, the Court Jucge shall require written under
"ttkug the part Oi - pltutit, gith or with "a;
~i,s 10 the ed-c, that the plaintiff all pay the party
"eaoIed sueh damage no. exceeding m am 'Eat 10 oe
e,if-d be tu jy r-a-pu of the INJUNCTION
I Court shall nn-y ccCs that the pi,niin not
-nt.a thec-fo The damages may De Nned by a
refer, o'h-T.se Is tA- court shall dire, lnis
i. he Only prvfiJu appdoi, 10 this case aud tue one
lLd-r mcL The or uai undertaking Ir Iei sell
Is thar rno,r which = IS now moved Tor
II App.sr- io 'h, ih ruhc''n aud undertaking are
one entire parable cutie - be c.pord IT, aud
Of according - biz discretion, by the Judge VINO
raLts Ne junction IA- ~ does NOT prescribe or ia
the suc ncy 81 he security, out nmts both
20 The snent o the judge tor the very evident reason
that ought depend the particular circumstances
cf.v-iy In -oing upon them II - tor the judge
10 con tie pduTe az The plaintiff case the evidence
winch ls. produced support u ana the probability
hi.hDay establishing his CLAIMS ~ well ~ the eI'ent ei
thu ceirLoaI;s dam IN case the plaGih should tai
oss- nay be clear not 10 require sny security
cept az . con plance with the statute While the other
hsid i usy BE- doubtful, that the iuoge ought not 10
grant L. unle-s The cerndsLt carefully aud fully lden
linec agaILs' injury
Aut.-e col sid-r~ons presented 20 the Judge who
" Its ite gnC;CL such manner that he may dix,
poe Of he question Of security alter having Gully cond
ered them a. the u JUNCTION must b. moved for upon
t.u.,s containing sufficient statement and yeroa,On OF
all tie lat the Judge Will either refuse 20 grant IT,
viii 81 be is powered o. direct notice Of the motion
10 oe given to The descendant before h. grants Il
but The law Goes not N this than in any other
of-rror leave the defendant houi remedy the Judge
should eoUsiy have received inadequate --cury H.
nay AZ Any time hin self before any Judge, and upon
spy proofs which L. procure % have the 10 JUNCTION
de- ysc and ibis mott again briggs up together not
only upon the panrn showing but upon the Defendants
both the sCt Of IT. JUNCTION and of security; for the
Judge vho hesrs i hss complete power over both,
tie Judge who grsnt-d the Injunction r. part a1d NJ
should refuse 20 CisOye the Injunction, or 20 modify he
usy sii increase the amount 90 security indefinitely Or
as sQure additional SUI ties, Until he Is satisfied O their
If isEcy.
NoI this the only remedy which th7 defendant has
IL again tn herring Or trial ~ tie cause aver
tie parties have made pecively tlal proof OI fhe
case cesre the Court % grant him ado ti0n. security
he whole subject = before ih= Court . BE- disposed
Cf IS ;Ley a. think proper there ~-re sufficient doubt
shout lie case, and the security were n-de uate, tbs
Cou- would probably Ol-5r better security % ABIDE ne
ey. It q u aype-L
Here are three ssivs 90 asions which The sl
cheney Of hs security nay D. cetermineti bit viii Be
marked that upon each occasion there Z yresen,st -
tie Judge Court not only The question wast dmage the
ceienc4n nay sustain, out also tue qlss' what the
position all degree al strength oi the respective irss
rls TIE -eiundGL. however. has n0t though, proper
Co. svs bin self ~ any such occasion b. has nO- moved
20 c-ov 'Le junction. Icr did Dr. On tbe -cent al Or
tLal hearing before judge Duer de,rr % have better
CUU'y. bLt be rlW moves before H. upon Al affidavit
stating Ire rah 81 fact ~ csnaga and when according
ts OF 81. counsel other fact ought - b. sttec
for tGTy allountot ous hun ired thousand dol
ars Accprcl o. ny views 90 the Ns, such case has no
been SIDE b-r- aud ought not % have been made,
IL erabl- decide whether sgch security ought 10 b.
granted FOR Ia ny 1dEmrni the merits a. the case, enter
ilse raby sh tie lat OF canese MO the question OF
security
But besides TIA. al the necessary facts ara not before
r.N Ia Or rra W0f ff-rFn INr