New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-20

In office OF the ie,s bo"ks ond papers to enable hi
to the cus'"uy ~ snuropriate duties OF his office. /
70 oso's tho views o. one OF my associates, az OK
nyes ed on an application ,auo " =, ,he claimant and
delivery "a strain the proceedings OF the Off GER IN
IN then before him that although no' p9uuu
~ e. sbc DECISION as an absolute res J"d'cd'd a."
4. mad 10 respect It as controlling consae 9 91
o".tter addressed to my judicial discretion anu ny
:. snse OF judicial fitness. The public order anu Ii
Harmonious action of the Judiciary, as wa, nneIor
" stance observed by late distinguished b",syer
are more important thar the rivel cia 10 comne
interesting 70 the Immediate parties OF '"o
ting -four inspectors and stree, C.nInoton was
These considerations inducedme, W,s" ae 20 ccom.
first made for the writ OF ceL',S, and ON the sub
many II with anv stay of Poceednes, a.o &c an or.
t.'h";a,, hr"rsb, again 20 my notice 10 mSAe - o
yo' IL. T. 1t should not in any way oI' az 50
s,sv or ;,,erunton of the proceedings penui"s ''>
my associate that all his judicial action had terml
IN ed hat the effect OF the trsi was 70 o''bs ~
. salely the rieht Of the claimant 70 .uo 4.H
and paper dla s.~ery Speedy and elective nor
"a! SO ,b;pk the party proce dcd against nad no ree
90 II h, right after compsnce with the order OF 'ne
ccer to have the correctness OF ni' ba
=; his Court If erroneous it will bereversed and inc
ners and books will be returned to him. II correct,
,v consideration shows that the books aud papers
.bouId be delivered in compliance with the OrdoI. II
Is better that the parties to this proceeding snouG 10
nut 10 some inconvenience mo substantial egsi .sns
q ieopsrded by a compliance with this order tna1
that public statute passed for wise and benehcial
purposes, and essential to the due administrator OF
Government Mt and the discharge OF the duties OIL s pun
fc Siicers should be practically set At noughi
uwas conceded in the gument that ue ano"snce
of this writ rested in tine discretion OF tue Coui' os
discretion however is to Dc snncspt for the writ
as 10 ube rights Of the public and the consequences
which might follow from granting II.
m. ,.sss of Lynde and Noble, in ~ JohD shows
that in no case should il be granted uatil there has
NJ iodi nj matter
before whom the Proceeding is pending. Aud even In
such case il has been refused, where the Court saw
fiat great Injustice and wrong might result from issu-
ing IT, l am satisfied, as was when TINS case was
first presented 10 me- that ought not to interfere at
ali with the proceedings while pending before the Of
Seer undetermined. That / have the discretion TO
grant or refuse the writ OF ceror0rt, and that having
Srapted IT, with the qualification that It should ne OPP
crate as stay of proceedings and being clearly OF the
opinion that it ought not to operate as stay, ana
being insisted upon by the relstOr who procured us al
lovance that il is stay, have no doubt that IL Is my
ty 10 do In effect what this Court did in the case Of
Patcbin sgt Mayor of Brooklyn l3 Wend. OIL, d.
rect supersedess of the writ; and the service IS su
perseded accordingly.
Rased ON this decision Judge Davies made the fol-
lowing order:
AT Special Term of the Supreme Court, held in
and for The City and County Of New York at the
CITY Hall in said city, the 18th day of July, 1897
Present, ii. 4. Davies, Jushee.
The people OF the State of New-fork, on relation OF
Charles Devlin agt Charles A. Peabody, one OF the
Justices Of this Court
An order having been heretofore made adlournlng to
this day the motion to supersede the wt OF ccrordr
issued herein and the motion having been argued by
counsel il is ordered that the order heretofore and on
the 10Th day of July, A. ID. 1857, made for the allow
ance of the said writ of ccTorarl, ana requiring the
said Charles A. Peabody to certify and reurn a. there
i'll stated be and the same Is hereby wholly vacated
and set aside.
And IL Is further ordered that the said writ Of
tiorar be and the is hereby discharged and sus
Oh Of am .sLSH lssur
". IA copyD RICHARD b. CONNOLLY, CLERK.
A supersedeas then issued of which the following
isacOpy:
THE PEOPLE OF THE STATE OF NETWORK,
To CHARLIE A. PEABODY ESQ., Of the Justices Of the Sa
preme COuyt-GREETNG:
handed you TO bring before the Justices OF the SUI
meme Court of Judcature at the City Hall in the City
Of New-York, on the second Monday OF September,
1857 all the test mony taken before you IN relation TO
q certain proceeding taken by Daniel d. Conover
against Charles Devin, to compel tine SAID Devlln 10
deliver up to the said Conover the books, papers
maps and documents contested with the once OF
Street Commissioner for the City Of New-fork, with
your decision process, warrants and orders on and
during the tendency Of such application, with all
things touching and concerning the same: Now, 1t
appearing u.s. for divers good and sufficient reasons
fha. our said writ should DO discharged and super
seeded We do hereby order and direct that the atore
said writ of cerorar be and hereby is discharged and
superseded and that you refrain from tue prouucuoh
cesses, warrants and orders or other things ouchns
and copce ming the same before mentioned.
Witness HENRY DAyks one OF the Justices 81 our Sa
I G 6y II. as City Of NJ f1
FIELD sLvYrER, Attorneys for D d. COyoyer.
lsEAL.l "''0"'U - 'p'" HENRY Z. DAVIES.
DAMAGES on THE INJUNCTION.
Mr.. Field then moved the appointment of a referee
10 apportion the damages upon the undertaking ON
the injunction.
The proceedings being concluded before Judge
Davies the various counsel took their departure. Mr.
Deyln left the Court room slowly and proceeded to
the Street Commissioners office.
ANOTHER INJUNCTION.
The Counsel to the Corporation, anticipating that
Judge Peabody would sign the warrant of search to
obtain the books and papers connected with the Street
Comm sioners Office, the certOrari being quashed,
proceeded about ii O'Clock to the Court of Common
Pleas, and applied to Judge Insraham on behalf of the
Mayor Aldermen and Conmonalty, for an order
restraining the Sheriff from executing the warrant OF
search. The following is
THE COMPLAINT.
The Mayor Aldermen and Commercially Of the City Of Nes'
Yo,t agt Danid C0norer, chs' Deriia and Jones C.
The cor plant Il the plsiu,al above nsned shows
Frat Ths, ihe plaintiff have been for long time and now
& a MSnS n9 valuable powers PROPERTY and nci.O.
Second That there Department. said Municipal Corpora
the chief officer of which is called aud known the Street
T7ird That connected with aud appertning to such De-
sT sss 70 map record. % and
daily during business days for administration duties
OF such Department. ..,. ,...
and belong and the exclusive property said
plaintiffs and the Street Commissioner has other sht the
Hc@@ Tia, on the ninth day of Jgne, A. D. 1851 Joseph
heidi