New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-05
MAYOR WOOD TO PAY COSTS,
ANOTHER LETTER FROM JUDGE RUSSELL |

srppFMr COURT-GENERAL TERn-MAY 4-Before
judges Mitchell, ROOSEVELT and PEABODY.
Tn. People on the rs,on Of Fernando Wood sg Simeon
Draper and al
Judge Edmonds. soon after the Court opened this
morning asked the Court to assign day for the hear
inc upon the ouo ararraao saying that the Of
the defendants was served on Saturday, with propo-
sition TO accelerate the hearing TO which his side was
prepared TO accede.
MIR. Field next read the following letter:
SIR: We send you an answer herewith Upon II au
,s.ue of law can at once be raised by you by demur-
rer This issue Of law may be tried at Special Term
and we will assent that immediate Judgment be en-
tered in favor Of the consttutionay OF the law TO the
end that you may appeal forthwith TO the General
Tenn We will be ready to argue the appeal on Mon
day next or on the earliest day thereafter which may
sui you i' brown, HALL vANDERPoEL
Attorney, for Defendants.
Hon 6 r CUSHING, Attorney General.
Neic- iort, May 2, 1851
MIR. OConor next read the reply to this letter, a.
follows:
Bro,rn. Hall and Vanderpol. esgs:
CrNTIrNrN: Your proposition dated % inst, did
not come 70 hand the day OF lie date, and tor that
reason alone not properly answered.
The proposition therein contained is hereby ac-
cepted
is expedient that we unite in request 10 Judge Pea
BODY 10 suspend his decision the injunction until the
judgment of the General Term can be had or atleast
until the close Of the argument. The reasons tor this
cOurse are so obvious that detained statement oi
them is unnecessary. ,
Nv associates in This case await you at the General
Tenn upon your arrival They will unite with you in
an application TO the Court to assign day Tor the
and niy associates Il will take what remains OF this
day to prepare the papers for the Court
iO"f' ''I'sw ". EDMoNDs, Jr.
S. b. CUSHING, Attorney General.
Ness Yoni Moy7. 1857
The Cout then both parties agreeing, directed that
a judgrnen. be entered ut Special Term, pro torma
to-day and the argument take place at the General
Term to-rnousw on appeal thererom:. Mr.. Field ex-
pressed his unwilingness to have the case come on
until Judge Peabody should have decided upon the in
junction bn. finally consented, sudge Peabody saying
that he was not prepared to give AN opinion to-day
About o'eiocka judgment wse entered at Special
Term before Judge Cerke, for daiGHdants, pro lorna,
as fllows:
SPECIAL TARA-Before Jadss oLsHKE.
The People on the restsn of Fernando Mood ss Simeon
Snper ct al
JUDGMENT.
This action coming Ell TO be heard On tne issue Of
law joined herein after bearing the Attorney General,
Mr. O'Conor and Mr. Ed.nonds OF counsel for the
plaintiffs. and Mr.. Evarts. Mr.. Field, and AR. Van
Colt for the defendants.
II is ordered and adudged that the demurrer b.. and
the same is hereby overrled aud that the said ssue
Of law be- and the sames hereby decided in favor OF
the defendants, the merits thereof
And il further ordered and adiudged that the SAID
defendants have due warrant Of lsw TO hold use and
ENJOY their respective Offices OF Police Commissioners
for the Metropolitan Police District of the State of
New York, with all the powers and authority pertain
ING thereto, and do lawfully hold the same and
are entitled 10 hold and enjoy them, and have not IL
my manner usurped The same or any part thereof.
II is, therefore, further ordered and adjudged. that
he complaint be and the same IL hereby dismissed
ipon the merits Of the case with SEQ costs 10 the de-
csdants, TO be PAID by the said Fernando Wood.
isisned) gW. C