The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-26
broadway Railroad injunction Case.


The following are the interrogatores and answers
fled in this case:-
First you not during the a;, whole
county Of New York and of the Sixteenth ward in said
city; and you not now such Alderman
granted in this action and Of which copy hereto an
nexed marked Az served upon you on the 18th day Of
ing 70 YOU copy and at the same time showing to you
the said original injunction orderf
Third INTERCHANGEABLE you present at meeting
the Board OF Aldermen of said city and county on the
29th day Of December 1852 when majority OF all the
members elected to said Board approved and passed
snnexed marked B. notwithstanding the objections
thereto Of the Mayor of said ctys
Fourth lnterrogstory-Did you not after the servse
gehcr with majority Of an the members elected to
raid Board of Aldermen, vote in favor Of and assist in
the ADOPTION approval and passage Of said resolution or
graft notwithstanding the objections thereto Of the
Mayor, and Notwithstanding said Injunction
vote with majority Of the me nbers Of said Board Of
Aldermen in favor Of and assist in the ado pon and pas
sage Of preamble and resolutions (of which copy is
hereuntQ annexed marked and not said preamble
and resolutions thcreupcn adopted by said BoarW
Sixth terrogatory- not said resolution or grant,
aucnty sent the Board Of Assistant Aldermen Of said
city and county and was it not on December aoh 1852
approved adopted and passed By the votes Of majority
NcMURRAY HILTON Attorneys for Realtors
The answer of -- to the intelrogatories filed
against him in this proceeding
First TO the first interrOgatory he satin that ne was,
during the last year and now an Alderman OF the city
Of New. York for the - ward.
second-He admits the service, and in the manner In
quired Of such service made at the chamber oil the
Board Of Aldermen at their evening session. but no copy
OF any complaint Of any affidavit was ever served on
him or 'h9w1 a.. to HIM or seen oy n BE-
Fourth.To the fourth interrogatory he saith that on
the Goth day Of December last at the meeting last men
toned and after the service Of the injunction above
admitted OF the members OF the Board Of Aldermen
moved the reconsideration of the Joint resolution OF the
Common Council mentioned in the nterrogotory the same
having been returned by the Mayor with his objections
that thereupon the President Of the Board declared the
question TO be reconderng and passing said resolu
hon Notwithstanding the objections Of the Mayor, and
ordered the question TO be taken by ayes and nees and
directed the Clerk to csn the roll and thereupon the
Clerk called the roll of members, and the Of this
respondent was called he did in the performance Of his
legislative and public duties member of said Board
vote aye upon said resolution, according to his Judgment
and conscience and that this the only act done by
him in relation to the said resolution after the issuing Of
the said injunction. That he did then believe that the
said injunction did not purpor and did not mean TO re-
strain him from voting In favor of the said resolution
that at such meeting, majority OF all the members
elected TO said Board OF Aldermen did vote in favor Of sad
resolution.
FfthTo the 9th interrogatory he saith that the
cepts to the same and TO oil the allegations relating to
the same matter pren1cd the heterogeneous and in
ssts that he is not bound to make any thereto
and hat they should be cxrunged.
Sxh1o the sixth interrogatory he saith be does not
knew
scventh.To the seventh interrosatory, he saith he
does not know.
And TINS respondent doh now deny anu protest against
the jurisdiction Of this court to issue the injunction
TO prevent his voting in the discharge OF his legislative
duty or call him account for bis vote upon said
resolution. AND in answering these interroeatores he
does not waive any exceptions to the jurisdiction Of the
court but denies that he be held answerabe TO this
court for any vote act mentioned in these answers
City and County Of New York, 50. - being
sworn, SAITH that the foregoing answers are true.
Sworn, this - day Of February, 1868, before me.
The foregoing are the answers OF all the members
of the Board except Messrs. Wesley Smith and stur-
tevant who have served special replies upon the re-
lators attornes.