New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-11
.r,e a, the City Hall q The Gil, Of New Yo'. 90 the 'ce
day OF Joy M ~ erCpIpD ppsrEED Attorney


N, n,ady went ON 20 say that Ju,ge PEABODY
could no; proceed, requested, without setting al
e.uph; rot only the injunction i~sued by Judge RIpse-
y.t strDg AZ Special Term, the certificate iss i7d
b, Jadge Davies also sitting al Special Term, when
would be az once served uppp Judge PesDooy. =,
Ef. Moves replied az some length. rW tntee
mouths The Courts had been occupied WIN attempt
ug 20 enforce the laws Of the laDd-somet1es ~ the
expense of blood How long was this to last There
were ont two points to which he would direct Judge
peabody's attention. The first was the er pure IN
Junction issued by Judge Roosevelt pending ths pro-
seedpp before an Associate Justice. A. matter OIL
nnht ms Injunction was not binding upon ia ige
Peabody Ipjunctions affected the parties and tue
parties alop.-never coordinate or even interior
Courts As matter Of comfy, he should not take
notice Of H. because Judge Roosevelt has taken no
notice of this proceeding which was PRIOR IN point OIL
tine. Nor was the injunction practically IN effect
Of this moment since in form II only extended 10 lhe
Sd day of July, 1857 when the order 10 snow cause
was made returnable.
At this point Mr.. .Devlin was sworn by Judge Pea
body and made his affidavit of the truth OF the an-
ever printed above
NJ Rrady then argued at some length that proceed
jnesSy a ccrtiorari stopped all special proceedings
whatever and he quoted Bacon on cert'crart aud
cited several decisions going to show that point.
Mr. Field opposed this proposition, arguing that no
seTtiorQrt was allowed 10 this summary proceedings,
and that it not per as claimed on the other slde
q stay Of proceedings. ~
Judge Peabody said that ne would take unul Mon
DAY al 81 O'clock when he would decide whether the
serioroTi would operate a. stay OF proceedings on
his part IL not he would sgo the warrant.
The CERTIoRARI CONTESTED.
After Judge Davies had granted the oeTtordrt, APP
phcation was made to the same Judge, IN behalf OF
Mr. Con<ver for order to show cause why the ceTtt0-
rori should not be vacated. The application was
granted by Judge Davies, and is made returnaoie on
Saturday at half.past o'clock. The following is a
copy Of the order:
~ Before Judge DAVIES.
tn. People or the relation Of Charles DevlD ag The Hon
Chsx. A. Peabody, one of the Justices, &c.
Upon the application of Mr.. Conovers counsel
Jodge Davies granted the following order to show
cause why the eerorar previously granted should not
be set aside:
Let the relator in the above proceeding show cause
before me- at Chambers, at the City Hail. In the CITY
Of New York, on Saturday morning, July III, at 10
O'Clock in the forenoon of that day. why the certordrl
granted in the above proceeding should not be set
aside and vacated and let such cause be shown upon
fbe papers on which said certOrar granted.
Juiv TO- 1857 HENRY T.. DAVIES.
Before Judge PEABODY.
Mary Ann Batchord agt The and New Haven Rail
Motions to dissolve the iniunctions granted in these
causes prevent the payment Of the dividend
have been some time pending.
Mr. Noye for the DEFENDANTS moved tha De Drought Oh
20 day. and stated the urgency Of the case. ,
Lsrocque for Mrs Baohotd stated that n consequence
Of the engagement of Mr. OCono who counsel with him.
they could not be ready to-day. 80.
MIR Bui for Carpenter and Vermye said his other occu
peoDs had prevented his being ready and asked delay I'LL
week and he should want prepare adavts In reply
Mr. Noyes objected and said the which the mo-
dissolve founded served the 18th OF June
and that davt in reply could not BE- received and he OBJ
iected 70 the postponement go,
After further conversation the motions were laid over
VIM. X. Prince agt. Chas. Keutger.
Order that costs be readjusted on payment by plain
said and not paid within ten days order that motion be
denied.