The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-09

After that on which the applicant assumed pos
removal by rce, from the Office for an auhovized
force could not dvest him Of possession Of the franchise
but from the rooms and property dedicated 10 the uses OF
Ia the discharge Of s fur cons by the incumbent The
rights OF Copover acquired by prior possession Gao only
be divesed by legal measures These have MOI
been applied, aud his tights remain. Being 10 possession
he was tho OH ser &c tdco and until eected-which
only be deue by proces Of lawbe has all the rights IN
cdent to possession and with color of title. Ny conclu
sons that O,noyer entered the oce aud oak posses
on that be he's not been removed by legal warrant or
authority, or left hssef, and consequently that DO is
still IN and for this purpose entitled 70 possession and
consequently that the respondent the Office have
but one incumbent, is legally possession Il follows
that Conover entitled possession OF the books and
papers and to have them delivered 70 him under this pro
ceedDg
Tns is not Charles Devein agaius, Daniel D. Conover
II Is the Nager and CommoDahy of the city OF New York
applying 70 coar OF justice for the protection OF the pro
perry vi said city, Tbs il the ,t instance this Struggle
~ which the Mayor and COmuonaty OF this city have
appeared as plaintiffs The removal OF the books in
the Street Commissioners Office from the where they
are now kept, in the a of Reco' ds would b, an ire
parable loss 10 this city There original papers and
documents there Of which there copies In existence
and the oss OF OF those papers would be rrepsra
removed and placed in the hands Of state ofce where
10 the assurance that the city viii get them backl
where is the assurance that they will not be destroyed by
h' r irresponsible possesso2 Mr Conover is the Street
Commissioner Of this city, by the appointment OF the Es
ective Of this state he must that Office not to
njurc our property. lie exercise the duties Of Street
Commissioner us much as he likes but he must not
no CANNOT use W take possession OF OF pjure city pro-
perry.
The counsel went into lengthy argument upon the ns-
ture Of punctons showing that they have always been
granted by the courts TO prevent persons from doing
thing that would njnre their neighbOrs any else
He maintained thai Injunction should especially be grant
sG IN this case when tho wrong threatened was SO mm
nent ana irreparabie.
THE FONTS OF DANIEL x. sICKLEs, COUNSEL FOR
THE PLAINTIFFS.
!. The jurisdiction Of Mr. Justice Peabody under r. g.
lab, Is precisely similar to that jurisdiction actions
Of the II the claimant \ in sus "y
OF the ofse, and 10 officer tdco he may have process
for delivery to him Of papers held by who neither
in question at all, his jurisdiction pSo taco
Covers Justice, page &c. Mole 2-lb., Al, AZ, g. Id. p
q 1t is quite manifest, therefore, that Justice Peabody
is without Jurisdiction, and that he ought to dismiss the
D. In ali cases Of specific cha,tes where ait is probable
that adequate compensation by way OF damages would
not be given BY jury, equity exercises jurisdiction, both
preventive and remedial Irving's Equity Jurisdiction,
part 2, chap a, Gee. =. Sorys Eiuhy Jurisprudence,
secs. 700, 10. Watermans Ey. on lnjuncons, pp
Specific relief in cases Of deeds and other instrument,
IN favor Of persons who are legally entitled to them DIST
very ancient and well settled head OF equity Jurisprudence
Is moot important branch Of equity jurisdiction and Is
exerted in a suitable OF public private nature
in favor Of persons entitled 10 the custody and pos
OF deeds and other writings" storys Equity Jurispru
dence, section 705.
s. This remedial justice administered by means Of the
process OF equity siorys Equity Jurisprudence, So6
ARaUABNr OF wx. c. MOVES, COUNSEL FOR THE DE-
This the fourth expcrin IN reference to pjuncons
Of moot extraordinary nature, and have not heard any
thing which has shaken my faith-thst this Injunction
should not be removed Tho plaintiff proceeds upon the
ground that there disturbance, interruption In the
possession Of the books and papers apperanng the
Street COMMISSIONER oice, which papers and books is
alleged belong TO the corporation Of the city or New York.
II seeks restrain the Street Commission Or, whom
must regard as Street Commissioner c fao from usinK
those books and papers upon the ErOant tina, II In dis
turbance and interruption OF property belonging " the
city But The application fails upon this eroand that
TO the defendant, be being the Street Commissioner dy
The Street Commits does possess the @ca
he gew them in his own right, Daniel d. Conover did;
he possesses them when he gets possession Of his Office
III Is true II but q temporary possession or charge OF
themtbo title the ownership OF them ultimately being
the plaintiffs Tho La gives the Street Co nmssioner the
possession OF the books and for their public nse,
and tho proper instruments for the exercise OF
duties OF his odce; and the Court csnno aos ;og
nise the poration Of the city o. New Yorkor whom
part but TOR the people "a the greatest exten this his
functions arc dschafged-to wrest the paDers from MIN
Commissioner viii be disturbance aud interruption the
possession Of these The property OF the secretary
Of the State OF New York belongs under charge
Of the de Joo Secretary though Is owned by the State
Suppose the opposed 20 the Secretary OF
Saie and should bring nm action against his taxing pos
session OF the property and books apIeranng 20 bis office
what Court In The land would grant injunction
resanDg him from taking possess or them1 30 Nth
the Comptroller once, and with the oce Of street
Commissioner The statute has declared that all bOpss
and papers belonging TO certain Office matter who
may own them, must be given into the charge " Tie DE-
fdcio officer derision has been given by OF yonr
learned thai the boos papers the Street
Commissioners Office belong 10 the street Com isson
and tho echo OF judges decision n this Court 10 the
effect had ,carccy died away before the learned
en- the other eide presumed TO mako this motion.
The Court theb al L. NJ, adjourned till Al o'clock A.
N. today,