New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-10


judge Peabody took The papers aud -ald he would
exswOe them careful at bio leisure.
Dr. Bracy wished L. mske suggestion TO the
Court whether Il should aid Nj Conover In doing tho
ye'y thing whSh be Is now erjo.aod b, Judge Roose-
welt from doing.
Judge Peabody repeated tnst be would look over
the popers carefully aDd decide upon signing the Or
der, at 10 O'Clock TO. morrow morning.
THE PROCEEDINGS ON THT IHJUEcrfoF.
The Mayor Ademet aud Com nouay Of the City Of New
York aat. Daniel d. CJnOver.
Before Judge ROOSEVELT.
The argument Of Mr. Noyes resumed in behalf
Of Mr. COnoyer at III O'Clock. The points of his
argument were pubsbed ia Yesterdays TRIBUNE.
lie was followed by Mr. Sickes in behalf of the
applicant. The following are the additional points
made by him:
/. The origin of the rule stated in Jerome and Ross
was that equity would not take cognizsnce Of case
purely legal in its character, as for example naked
tye,psss by q mere tort feasor, where the injury
could be atoped for in damages to be assessed by
jury.
where the remedy ut law would for any be in
ADEQUATE, equity will grant relief as for example,
where the injury is continuous, aud consists Of re-
pested acts for which a number Of suits might have
10 be brought the damages assessed by jury I'M
der apy established rules would be inadequate fully 70
redress the wrong or the act 10 be sustained is one
Of a character to produce what is called "luepa.
rable" injury. And this word ireparable does not
mean such injury no human means Whatever could
furnish indemnity for, but merely such as from its
severe character would greatly prejudice pubic or
private right, and the ordinary process OF courts
might rot give perfect satisfaction for the injury.
g. These books were bought by the Corporation Of
the city, paid for by them, relate to city ofice and
city officers exclusively and certainly the proper.
I, OF the city, much the archives OF the State
Department at Albany are the property OF the STATE
II any enc having disputed and doubtful claim to the
cfte of Secretary Of State should threaten to take
srch arcbiyas there dOubf that a
proper case for an injunction against him would be
pieseItedf 81.
the City against Conover, FOR taking the books he
wropgfnlly possessed himself Of them' The ordinary
rule Of damages against any who wrongfuy takes
property from the owners is the value the property,
and in this the value Of the books maps, &c. as
such What would be the value Of contract, or re-
ceipt OF proposal Butthe injury to the City would
be constant and continuous That injury is not the
result of taking the property but consists In me
continuous deprivation of the use Of the property To
obtain redress for such an injury suit would be nec-
essary every day, if not every hour.
AT the conclusion of Mr.. Sickness argument, Judge
Roosevelt asked if the counsel had any cases bearing
upon the question the dc occupancy OF an oce'
Both counsel said that they had numbers of them,
TO which they would refer the Court.
EJudge Rooseveit-Where the point Is ola nice char
acter when do you understand THAI man de tacto
the incumbent Of az office!
Mr.. Eoyes-I understand that If q man is in office
Office, be is the officer de focto.
Judge Roosevelt-But you have admitted that you
have never been in possession until the issue OF thus
order of Judge Peabody, Of the records OF the office
Mr. Field-We admit that at the time OF this petit
ton the books were in the possession OF Deylin.
Judge Rocsevet-YOu had to admit that you had
never been possession else you could not resort
10 that order.
Mr.. Field-We made no such admission, though it
nav have been implied. The statute says that the
successor in Office may get possession OF the books
which came TO the hands Of any body.
Tie counsel asked when the question immediately
pending as to the power Of the Court to act by perma
Lent Injunction in cases like this would be decided.
Judge Roosevelt said he would render decision on
Tuesday at IL o clock.
(should Judge Roosevelt decide that he has power
to orcer permanent injunction, the argument upon
the proprie.y Of so doing will follow
MIR. Brady-It hes been stated TO me that appiica-
ton has been made to Judge Peabody
|. For az order to Mr. DevIn to deliver the books
over TO Mr.. ConOver; -
For q warrant to commit Mr.. DevEn to jail
should he refuse TO obey the order; and
g. For q warrant 70 search certain specified prem
ses to end the books and bring them before Judge
Peabody, that he may deliver them over to Mr.
ConOver
He Or. Brady, desired to give notice to tie oouc'
sci that any attempt to execute that order pending the
itjeation be should regard a. breach OF the IN.
urctior and should proceed to act accordingly.