The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-14

several days, would to be presumed need little
the circumstance would seem be the iuty Of the Al
torpey General TO interfere "wbere several persons
says the Oode Sec $50, clam to DO entitled to the same
may be brought against all such persons, in order TO try
their respective rights 10 such Office franchise"
press nj motion on single propos,ionthss mere naked
respass Threatened or approximately M ground ior an
injunction. Il has nt, however, for reasons which
viii be readily appreciates, TO indulge more extended
line OF comment and in the discussion and statement Of
.eversl additional points of difference referred 10 IN the
First That lpuuctons to restrain an apprehended
pass unless unaer speca Circumstances which do
not exist IN this case, are never allowed
Second That preliminary Injunction 70 Dust In effect
party although only temporarily, from the eyercse or the
functions Of Office by preventing his access to the books
and papers pertaining to IT. also contrary 70 the es2o
Third That the issuing Of such an Injunction being at all
events not matter Of stiict right but Of udcsi dscre
powers, although Of special proceeding and nomnsly
between other parties made after full hearing, should
be treated an almost II not altogether conclusive.
Fourth That II tho books In question are, the com
plant alleges, the private property Of the Corporation
and in possession also of the Corporation, injunction
can be needed or should be issued TO protec against
unlawful disturbance they must be protected by the
same MEANS remedial or preventive, as apply TO csses OF
battery and ohcr threats ned respassers OF
like character And whether their custody, for the time
DO in the claimant the oher tbe les slative power
extends alike to the books and their caslodiaas,
snd may without the aid Of any Court regu.
late the one aud enioin the DINER Inc commissioner
himself whether II be Deyhn or Conover, need be and
exist may be removed by the plaintiffs themselves
by the Mayor and Aldermen two OF their constituent
branches and thus be eecuay restrained with 1T judi
cal intervention ordinary extraordinary, no, emily from
Interfering with the books or the Office, but with ae ofse
iuef New charter, sec n
Fflh That the question Of title, 20 far ~ respects the
office Of Street Commissioner, cannot legally be tried In
this action the people Of the State must be parties for that
purpose and the mode OF proceeding by quo soarrao in
conformity to the Code
Sixth. No Injunction should be granted because no in
junction s needed, and because its operation, issued,
would be conflict with the orderly conduct Of another
ceedng lawfully and previously commenced under spe
cal before another Judge (lhough acting in diff
crent capacity OF the grade and OF the court
Seventh. The regular and sufficient process for review
Ing the posessory question, and OF staying proceedings In
the Interim is by ordinary writ Of certorar, returnabe
TO- and heard before The General Term Of the court In
stead Of single Judge, whether sitting at Chambers or
at Special Term
With these views, the temporary restriction necessarily
ceases and the order 10 show must be discharged