New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-17
c mover IL declared be 10 contempt, and the attachment will
be granted o. before stated.


snds, Cnover and Wie; frop removing soc books and
paper. tou' the Street office aud rom 1trr
ng Herewith aud Deyn from delivering the sane 70 Con-
Apy h behalf AM order for the 70
why injunction should not be continued Te
complaint showed that the books and pPs referred to were
abe exclusive property Of ,se plaintiff. ss. Tsyos who was
sy Stree: lSs place. wSs
80 .ns bad The ,n.,ss o.p sDS
tred upon the DUTIES Of the Office and was 10 possession Of
Abe plaintiffs, thst the defendant ConoveT claiming TO be
STREET Comui,noner had cOmmencea prseeea.s. against
judge before whom the proeeedOss we've pending had made
order ha, Devln deliver over tue ss ne to ConOyer
that the sesre and removal Of such books AZ. ~suld
..s'' iDe0psD o. ,bs 0e peps"."cs Of it, dp
BY the Corporation TO the public, aud msat involve the
were valuable ADD the plaintiffs eqsired the constant
o. them 70 enable them TO perform Their corporate dnte and
that damages could be assessed which would form sn ade
9ae cOPep'aOn for the injury oceaIoned BY ihe taxing
The complaint asAs oI an neuc,i2a he dsnd's
taken piece the time when this injunction allowed
d. peyious week which wa. returned to me and Cancelled on
The Imposition the counsel stated that the allowance othe
compliant wac submitted to i asked for
which was signed on the day which bears dse The
plant contains the statement in regard 20 the eerrad which
rendered the injunction Necessary ioI tne ION o. tae
about issued and the property delivered 20 Conover
notwithstanding the allowance Of the eeyOra Up9a such
application everything contained the u9cton which could
relating the proceedings before the Court or
oD solely directed the defendant the express purpose of
avoiding any order which eoud be construed sp
Kin + has however been the custom Of courts Of equity
both in Essand and h, country to stay IN snoth
character and the right TO do 50 has never been ques
toned With much more propriety might such an order
s.srsss gu. of ssaI Who IN The cpscy Witch he was
: had asked i Ss snS Of 'S Se p RG arn 5'S
state Of facts in the compsnt sppetea TO me to be
n the dendan changing that view the nta
p.ias sRd ds.d t than BY al seg
on the defendant that he advised and believes the books
lie which the plaintiffs have right to take from the
eus.od, the Street Commissioner The defendant also asserts
his nst the and be denies right the OF
Devn to execute the dqtie. Of the office am bound on
these papers TO assume that the books are the property othe
plaintiffs This fact is positively to on heiT behalf whis
inquire beyond papers hiuk there be doubt
that very many the books and papers in the Street Commits
Sa. Ss esy and While
due to The S sySad
not eP.rSbe Pe'nn5sy ds"'ss to the public .
.co have been fully stated ~ in the matter Of Devln on
habes corpus and refer the opinion delivered therein with
ed to hold the office was not in my judgment valid aud
9: s.t Of aS s If the Soo ;, s enS9st
mere act oftepss and such equity aid not interfere but
ana protect rot ' Ia saS d s1 Of ' uc 's
rle correct Equity dees not and ought not interfere to
repss in regard to personal property between
individuals when the matter in controversy small in anosnt
BIT Do eO 1Sd that re ~ to
keo' s:cass where the Injury would great where
u. property was Of peculiar value and the damsge. such that
Jerome Ross 7JOhn Oh Rep S5 the Chancellor says.
amply sufficient for the protection Of property and do not
advisable to introduce the chanceIy remedy its
the mischief i remede,s Asais he says"
because tie defendant Iespasser without showing
the property Of peculiar value. and could not admit Of
jury nj be adequate for check and for recompense6
In Epstein y. Berg and others IS Howard 81 Judge Davies
u u Ss % e . 4S S pGn an
paDtihs should q defend
hsr BY force have already one reason
papers city cannot be estimated large amounts
Be found in them the liens which exist real estate
FOR assessments and the evidence Of sales Of lands for
fou1d shy here; the regulations the streets in the
city and various Shs. matters ito to which il 20
paper. to the plaintiff: peculiarly as yell az the pnt as con
greet extent The complaint also shows that the removal Of
them from the office would sres mPsde the P"sf e.
the plaintiffs called upon under such
Or resist the taking Of them By force cannot sccede 1t
Is apparent from what has artady been stated that an cion 81
sompns plaintiff. Sslsa ,hs, po.
err by him, The plaintiffs being they aese p possession
ss rhy The
tyate the Sheriff his deputies if they are right
they mus. be protected by tie means remedial pre-
Of ike stue can hardly
that learned Justice intended to be understood as recon-
s %SsGIs Tf.R the possession tbs Property
X e rs % Of hold T0T that be the psSc
ties would justified in invoicing the city in disturbances
Sh Of &
attempted employment of force In the OF tights.
be re%saed BY the simple mandate Of Court quietly and
Important se s@SrsosS ts property
be hesitation to the course to be adopted II ais. Oh
Of another tribunal That decision made between other
parties The plaintiffs had right to defend their possession
could not
being parties have no tight Of reyew1s the deeGa OF the
son.eded belong him that the light Of third person to
him and others and therefore have no proec
Ss H s sas the S Be- & Of property
value the loss destruction OF which could not be repaired
Court Of Equity order Of injunction TO prevent the defend
an. a . sS on Pb aS ISS
'eisf should not be granted under the ~.
snee, ,tssd in tie Complaint question yet
s1 9 b to weS n'. set up the granting
Of the alleged adjudication o Judge 63o.se o. sns
cour, SsyiSs similar injunction hst such petition Of
application to Ons c Ss ar ss, a. l.
ssy correct even e the first action n
sas s rule does rot Away: prevail patty saDs an ~
ton Court and may fail n making out case 70 en,
second suit But motions for inuncton' the compsnt
In the action bears other fact: not in existence at the
lime the r motion made the decision on the ast motion
forms bar 10 the subsequent one
The complaint submitted 20 Judge Roosevelt oh set o'n
Abe title books and papers The application OF Dcvn as
Street and the threats Of defendant Conove 70
r,moye the the ofceunder such state oil ac,s
without reference extrnsc matters the application might
denied and the supposon entertained ths the
Commissioner perfectly able to protect the books
papers in the Office without the aid Of Court o. ar OF
equity the complaint submitted 10 the plaintiffs sho"
addition that Conover Is claiming he Street Conmissioner
unGer pponmou which they have refused - recognize
That o1enced proceedings for obtaining from Devn
the possession OF this property aud that the Magistrate before
such proceeding pending has made order for the
delivery the books the defendant the there
fore about be delivered the defendant, without the
cb.x nd hat