The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-10

F5SR0SkD plvSlUh VI I'M SIRIe VI NEW YUM.
-~o<~NooN~N~Nn~N~NNcOe-
The Black Republicans Preparing tor the
Next Election
10, no., 10
ME INJUNCTION CASE BEFORE JUDGE
ROOSEVELT.
AA0uxEFr ON TEE PRELIMINARY QUESTION
CLOeRD-rHB DEcIsIoN TO BE GIVEN NEXT rCss.
Dat.
srrRxm ocuRT-sPR0AL rnRM.
~ Noycy Aldermen, &c. Of ne Otsy Of Nep Fork, ~
Dsste3 D. Oesou~.-The Argument In Ills case was
ssnsd yesterday u II O'CLOCK An
Aneusnr 81 WI. G NOTES, Council rca y. D. coScvna,
CONTINUED.
Practically this application 70 restrain The Street
Commissioner ds eo from taking possession Of bis ooe,
ffon receiving the necessary FOR legally per.
Aiming the duties Of his ONCE. The principle Of the law
ihas injunction be granted to restrain officer
- asO from receiving holding anything pertaining
- oeaoe. Fraud 10 frequently discovered ~ the
q, can BE- Withheld rom the new ofacer, thss
4Wod c. never DO asoertained. I don't know
snsr a.. he ~ .ya.s 70 Do With s
- general principle court grants Injunction
= sAy prceediDgs In s own court mo granting Of his
injunction would be doing So for this court Judge Of
hAs ordo, ed these books papers, &c be given 90 70
o. defendant, and this nunc ion would stay the execu
decree. expressly
WAsn On ohDcers time has expired, or when be d re-
ooved, he must give up all the papers, books, &c
nssssd VITA apperAining to hs ONCE II be not
prhcnment If be ahoud even refuse to eve mp any one
ynpeg, he be arrested, punished for msdemeanor,
- asss - no power syen BY which the proceedings
Y Court assed ne counsel n the sc: Of Mr. oouovsr,
49, tacso sreet oommissioner, should he ansr.rds
h(ls $50 and his entries 10 the books legal sntrie1
y Eeyes stated tha. the ac., eDt,ies and deeds Of
Sns himsels. Comptroller Of his city held his once
nsasH the whole term when be elected bat his
srss The civ and every BODY eIe Amer lengthy sss
IN Ne superseded, but that IN way affected the
sessn.s Of hs official scts.
Mr. Noyes continued his Argument at some length citing
various authorities 10 ssabsh his claim that Injunction
suob - now applied for can be granted 10 this case.
o. sA M So. s.O :, ns ION ss a
onne9 Dc jye That u nothing uncommon among contest
an for an once, but what uncommon that they both
= 80 ~ Jua,. O O1 S Cos
- osher hcd 70 be the De faco Street Uommlxt00xs
ne Mayor and 0ommonsy Of his city and other person
rsoRDised by thom ~ such on1cer. he maintained
- NJ Devnn the de Jae:o street. Commissioner. The
aecbson Of Judge Peabody han The decision
naks bis decIsion Judge Of the Supreme Court; he
Wysssg declared that ad 81 the counsel maintained
e; ID den. not S .s.a he to
sAsscn, contrary JvsaAnc learned counsel the
ssher ace maintain, may be reviewed and reversed BY
Council has power ~ any tine 10 the papers
Ssoks IN ne Street Oommissoners Office and place them
pewer even to declare where the street oouussionsr
himself shall havehs Office also where the BOOKS pertain
NJ 70 his Office shs be kept, aas miles from h.. Oce;
md, understand, there u resolution before the
Common Council for the dspUton OF these books and
yapsn. nsh proper case for your Honor 70 interfere
b. neans Of injunction Suppose there . contest
sswesn two persona claiming the cashier Of bs1k
I'D one Of them threatened 70 the money from
- vaults OF the bank would not the Court Interfere 70
ub ha hann ttaalf y,
.hcuh interfere here 70 proven. M oonover from Get
xns hold o. he books and papers Of tho srsct osmms
aRsst Commlssioner. II he should gel them II woaId
sanse an Interruption n tho cxercie Of the once for the
= esoep S psan The eoSc Ia
No can saeeu.s = aSc,icr. Inc Court Win Prosss he
ne e,unsel went ct some length "a show thai this
- proper case for The granting Of injunction, and
n. one should scsrsnied % the Court He co'ed BY
rcnvD On pAxu 4 ncxns, oocsnsr roR yxs rIArr-r-.
l. fnc cssin Of the rule stated In Jerome Hosa vas
- equity would not take ooguizanos Of case psrely
heal ns character, - for example naked rsspsss ~
nsrs ioser where the injary could be sa0ned Tor Ia
4 But NE rule i confined 20 precisely such case
wbsrs the remedy n Law vord FOR any reason DO made
A. for csamps here he injury is continuous and con
mn f repeated acts for which number or suits might
ave 70 DO brought Or The damages assessed BY jury
redress he wrong, he Aci 70 be restrained Of
character 70 produce what is called .rreperablev
.Scn injury = no human means whatever couid
nrnish lndcmry Tor, bu, merely such from i've
eh.sscssr would greatly rreisssc pebhc and private
oshor iaustrsdcps are rvsn II Story, sec 100, arising
Ne uaciaI ser V be exercised Ia addition 10 hose
Asre sugsesed suppose the case OF one who, under
.srs aim 70 an once proposes 70 take possession q
Ne clerk ola court hough there De fao In pos
sson Of The former, and sclerk De co possession Of
q fhese books were bought BY the corporation Of the
dv paid for by Them, relate 10 city once and city as
SScS - IL srchlve. 81 ss ..s pepsspt a. xssry
one having disputed and doabrsi claim 70 The once
sueh archives there any doubt that proper for
injunction ssaiset him would be prssenfeda
sS ssins oouoy~ Tor ssps ,as sooss he VIZ wrcnafuiy
posssssed himself Of themq
ne s.. Ts: q s% 8. % %, ss
sfns ropsy-ln ms case the value efthc books, msps,
whss would be The value Of contract, or receip,,
Boz the injury the ciy would be constant and con
% i g. eS .s
Of the properly To obtain redress FOR such injury
sua would be necessary every dsy Il not every hour
. deisndan. claims 70 take under color or tile.
And suppose there con,ac, boz Teen two persons,
% spop either Of them from TAX ing the ship Or suppose
person who bad been partner OF lawyer coming 70
take eli the law papers out OF The office OF hs former part
ncv then having actual charge OF the suits NC the Court
certainly would grant njuncucus preventing II IN either
anse
NJ Brady rated 70 the court that an application tsd
beer made before Judge Pesbody-rrs for order for
Mr. Devn 70 deliver the books and papers Of the ret
Ocmm issoners ohice Mr. Conover; nd, for var
10 commit Mr. Dcvn 10 ian In cse he refused 70 do
~ hrd fr warrant 70 search In certain places FOR The
books and papers Belonging 10 the street Oom mssouers
emce that they might be delivered 10 Mr.. Conover M
Brady gave notice that he should any ae 70 exc
cute tsofe papers Until The before Judge tcosev
wss decided, ~ . breach Of the Injunction.
Mr.. Noye wished 10 knor Of TIE Court Al what time ,he
secision in the csse ken pending would be rendered.
NE Judge decided 70 render his decision on the prellm
nay qucston-thst n, on Ma authority W issue perpe
mai riunctcn against Daniel 0onoverou Tueeday merit
- nm ''
ne oUurs Rer, II Up. NJ, adjourned.