The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-18
sUPRkNR COURT.

sUrRkMK COURT.
Before Hon. Judge Peabody.
The following copy OF the complaint upon which the
ipjnno.iors Issued against Mr.. Devhu -
TEX coMpL ANT or CoNovER.
Daniel D. Conover, plaintiff complains and alleges
First That Joseph Taylor elected TO the office OF
Street Commissioner OF the city Of New York. in Novem
ter and entered upon the dulles said ocs jan
uary, and continued therein until June 1857, when he
seoond-rna the plaintiff was on the l2h day Of june
1857 duly appointed and commissioned by the Governor
Of the state o. New York TO oil the vacancy IN the said
tce created by the death Of the ed Taylor that the plain
tiff accepted the said appointment and duly took and ed
bis oath OF Office, and duly execued with sufciens sure
sdvhed and believes everything necessary be done by
him 70 qualify himself for exercising the duties OF the said
Thrd-Tha, belonging and appertaining the raid Office
large quantity Of books, maps papers nd documents
Of various descriptions without the possession Of whish
is difcuh not mpcssole properly and fully 70 dis
Fourth-That rubscquent the said plaintiffs said ap
last he TOOK Of the sad ONCE and Of he apsrt
menn In the Hall Of Records Of the said city assigned by
the said Mayor, Aldermen and Com nona TO, and usu
ally occupied by, the 81 Get Commiss of the city Of
New York. and transacted business the said apartments
a. street Commissioner and has continued therein 70 the
18th day Of said June 18th day July thereafter
be forcby hep from the said apartments, while the
tsld Charles Devn intruded himself into The said apart
ments.
Hth-Tha, the 10Th day Of June last upon the sp.
rhcs,ion Of the plaintiff, an order was Only made by
Cearcs Peabody Of the Justices OF this Court
qupg the raid Charles Dcvu, TO whose possession the
raid books maps papers and documents had come TO show
c.u,e before the ssd Justice certain tins and place
Why he should not be compelled to deliver TO The said
plaintiff the btoks mare papers and documents Aforesaid
which said order was duly served and proof Of service
the loh Gay Of July 1857 the order (of which copy
hereto ar nsxed, msrkad Al duly made BY the said
and The sad order va, duly cry upon the
maps, papers documents but he neglected and
fued ana s pcRec and refuse. 10 deliver the same or
aay par thereof 70 the said planu and the said Justice
pursuant to tho tad ordor, has Issued hts warrant OF
arrest LIE OF Search which warrant OF search
was dre cied 10 the Sheriff OF the city and county or New
York or any constable OF r. said city, and de- vered
to John Harrington, constable Of tho iaid CITY, Tor
execution.
the plaintiff has been yet unable 10 obtain ps
sesson Of the books papers and documents belong
ing and spPsrta,nioe o The said oics having been pre-
said Mayor, Aldermen and Commonsly Of the city Of New
York
The plaintiff By violence take himself possessiou Of
the said apartments and rooms against the viii Of the
plaintiff and b, the use Of force Alone and 10 exercise
the duiies OF the raid Office Of street Commniouer.
Eghth-That the said Devlin also possessed himself
OF ccr.alr bids for contracts with the Mayor Aldermen
and oommousliy Of he city o. NewYors and opened and
altered the same, a. the plaintiff Is informed and be-
hevcs.
appointments ard contracts, In the OF the said Com
mssos err With different persons sho proceeding 70 oct
Is in The service Of The sAid Corporation 10 perform
cork for be sd under the pretended sntho
rIly OF The said Deyin
fenih-That on the Ish day Of July 1857, an acaou
commenced In this court by hh plaintiff against the
said Mayor Aldermen and CommoDaly OF the city OF Ne
York the said Charles Dcvin, By Tho service Of
and complaint, (of which copy hereto Annexed
marked b. and supplemental complaint Was Afterwards
duly lcd 10 the said action, (of which copy hereto
nsxed marked CO. and iruncions we're Issued and served
al or about tho time they respectively bear dao, ard tho
said action biull pending and undetermined,
venfk- $ hston tba d.U n r.i,- A
Was otmmerced In The court Of conop Pleas for the cty
and county New York against This pl,nun By the ser
Vice Q, mn6bs cor paut and Injunction, (of which
copy rs hereto annexed marked ~ and Tho plar,ls
sid action are proceet ng therein not sAndiog the
tsid pending before Justice Of this court,
the said action 90 pending 10 this court
Wherefore The plaintiff demands Judgment that the said
Mayor Aldermen ana Ccmmooay Of the city OF New
York. their aorreJs sellers and agents be restrain
ed by njuscou from any Further proceeding In tho said
action IN Court Of Common Peas FOR
city and county OF Ees York, In any matter prooeed
Ing supplemental Incidental tbereso or Intended "
force obedience 70 any order or proofs in the said action
atd that the SAID James wct, saern OF the city aud
county OF New York his deputies and agents. be
cd BY junction from executing acting under by viz
tue sny wr warrant order or process In suoh scton,
matter proceedns and th,t the said Charles Devln
and bio agents aud all persons sctns under him, be
strained by irvnction from performing or attempting 10
perform any the duties OF Street Con Rioner Of the
city Of New York and from interfering Nth the alntn
n The performance OF duties such Street mmssioner,
any properly under his charge until some right IN the
ssd Devhn be established By the proper action in the
ture OF quo wlrIsnto brought for that purpose
FIELD n sCHUY LER, Plaintiffs Attorneys.
Or and County ~ Neio F0k-DAniel ID. Conovcr, plain
ill., being sworn, saith that the foregoing plant s true
Of hts hnowlcdge except 10 the matters therein
matters he believes II 70 be true d. d. C0N0vER.
Sworn August IL, 1867, before me, G.. r Rooms, Com