New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-17

20 kcL u.b rtevpttior ca - Lived wseu Ne
ca on bshsf Of t,,pv.rs
OF ~ 6 h-Corprr-tcu Couusel and the Common coupod
Ever tie Ceiprr,ou Counsel could rot b. beard 10
bs. tight to interfere in The star. Of the former object
Both deud TIE ni' for they dsge 70 the defense
- he Mayor cone n s.o He az disagree both aud
fue be the result 10 the cont1c' Of the suit The
ne ei..ir snd sun wee nO e' NJ fla. bm.sf pt 10 TIE
dfr.4 ara dictated snd the The
deliberately msde and the ely tired ~.s
Dft w S Sp did not vas any ground Tor such
sstep NOreoyr VAS not HI. province 70 give seIHs
"a: ,.eg.s in cdRnSScns the which not
ernd for setting aside N. Judgment me rssr
we've four obi 10 judsunt First That tooush there
hsd been proposals on both .iie. ye DO contract was &
had been entered into the proper remedy WAS sgche
Eer'orm.cce end dsm's.s IT non perform,nce Ilr
ii.t the P.int,d lad ts % part q the Mons
saumsted By the Common Courc the bd-snd
city thu, beir eOu1e to take the property n. p,nts could
y .vSr Of Ss I,ss st vhSs the pota aged 70 sell TIE
90 BY the Act Of April H. 1857, oh. 1sS
POINTS yoa RESPONDENT.
Fi, This application |, 70 open Judgment and addresses
Second may be made by the defendants or BY any party
TAd /, will always be sr.uted motion in faheranee Of
.1d n.dSs the 9Gss OF RS's ees. y See m
uTnec~ssaIy proceed by bill OF comP'snt 49,,
NAV B. s~ sred By the judgment esnno stand
oolusive judgment lee fraud upon the Court By 'upper'ns
becomes party the ud intended to be effected ~
fG6 Ary person a, anieu curn has the right land 1t hs
dsty) the OF fraudulent or 'olasve lutg'
H through ws sd Ds 1as psl ay Os the
the Court 2 be gei to sd IL the
h Sta In H "es case the cOu viii ~ o mos Interfere
.ss.t The vii Of The PsTe I i sHg9 sn PERMIT 1 obs
tsfed BY cclluson The the law Injuries person
Ies pa i' sse the a to
them they the ess u' the defendants in respect
to the Sy s STs pas
who may do act In coniraven ion Ct trust
.ey is: 4ttSTney GENERA vs.. whorswood ID. SIS drummer
GGo1 Of . v.;s TO 5 s... reS S legal @
eyv Brunei l,B., q. c, III per Id Ihnrlowi Hoffman
fs,ise a; Baileyu the Mayor &c, HILL S7Si Gill aud
Eh The .c of the pretended psrchs,e ,rnp,tion Of
power on the part COrporaonnone such conferred
upon them-i!t 10 uurpatlon h hssrant abuse OF
Ninth TIL Controller the head Of the principal Executive
department of the City Government Department OF tn,uee
on 40, . y oyerment whose duty
10 10 quad that department against Illegal enc9acnmenI $40
sh to be hssid this rotion and fol- this purpose mas
Tenth The .p oicsn, relief this motion b'und to
sOperntepd h.c Of the city and manage the
the %:Go.r ItGued Oy as Sa, ,es%, tia.
the lands conveyed to the should be annexed TO the
deed before III. execution acceptance oft ord Organizing
IL He could no, be directed by Council to make
iii was the duty Controller refuse to make the
So , 1"ws wore 20 onns
Depsrtments Psse a sec 81 ,.,..o 81 ...,, ,, o,s
nance II be lad made the purchase
v The land is not werth bali the money and the title bad
Ernh: No person than the head Of the Law Depart
the City h., Alright to Sc. up urge an o.
be comes Cou't and makes the objection say -
Tuh That the Corporation Counsel has been si'y OF
principle '.ttnt with honesty and a.ti de 70 pubic
Ins sSd .1 son SfsG to OF perform wR adesy
Thirteenth The neglect Of the Counsel has been so gross that
IN rO demurrins complaint upon it' face the
ii in not setting up the defense that
The Corporation made contract with Lowber for
the purchase of the land In question.
That the duty executive ene and was never per-
fomea by the Controller ,-.
Ths time Of the Ps.'se the rs.ost tue ,nd
price was 10 itself evidence OF fraud.
H consent TO adjust the costs Of 500 more IMAM tneJ ee
taxed aid paying $40 to the Referee when there was ou' one
Hi, knowledge that the Controller intended to appeal and
his OF the entry Of the JUDGMENT from that otcer
His subsequent refa,a to do hing himself or to permit
Controller In his stead to do thing the lament
The neglect to have attached to che deed which ne
approved h..u,o
10 F' rot reporting the membranes by va" oil mortgage
H. The failure Of title to two thirds Of the land covered BY
the dece The certificate OF Msrs OCoDor aud Nyes showed
That the title at least held bad by Court OF competen
Uis ~, Of farts Ia
- - a. $1,000 .,idarc M Lis willfnl
Psfels W veg ~ ~ w -, - "a Johsr and 10
dtTeiiotien OF duty IL MS aPpeaance neie " su H NAV "
era Us. rl ..,, ..,. .bo,~ 81. .ec,c, Intentions
foutetn unse Ou%a sc' S coIsop bstween shs
cs.L. u Z, 'l ~ ~ ,or..ton a. yyhs .sint,g
:, r V ,eenss ~ ~ Gu 1880 Co,rcn WV
s yss s With shS Of al
y.,ces /, aauflty Of ,ousI eompliciiy.
St,rsh The CORPORATION had to make the pnr
chose.
Eighteenth The resolution Of February u.s. o'' does not
tn a ntrectf cr