The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-16

1sos@ On Bupsrsede the Ceruorsr-Args-
ment Postponed.
EuPRU1Y coURr-sPrCIAL TEAM.

~0@A W Uupervooc the
ment Postponed.
SUPREME cOURr-sPrCIAL TEAM.
Before Hon. Judge Davies.
yr1ylb-1A< Poodle ON ne Relation u Charlie Deulin
~ CAa,ks Pesbody, one Of Ne JIaices u As Supreme
Court in this case at uk O'Clock, Ar. Field rose and
moved that the writ Of certiorari be superseded.
nr. oUonor aid he had = suegesucn to make 10
x~rd 70 The hearing Of the motion ths tine He uuder
ood this to be application 70 supersede the writ Of
Ssrorari, mainly upon the ground thai The ceriorsr
operates or may operate by law stay Of prccee tngs
sseoiai TERM thn shoad NOT have effect If the
uora were mot stay Of proc sedings or by reason or
We order OF special term could not operate ia this par
ocular the motion would be essentially need
loss Therefore he suggested thai the arsuen, be post
peued until after the delivery OF Judge Peaoody decision,
On Friday as 10 whet he would regard the
SeAy Of proceedings not That question beng disposed
e. lhe argument on this motion woul be vgry much 81 N
ph6ed and shortened.
the question whether this stay o. proceedings
not they had assumed throughout that IL vas u
stay now they changed their minds ssa conceaed
wac not stay OF proceedings, aud woula gse stPua
lion that would not be aguef, he would agree - an
adjournment TIE oert'orar either was or was not stay
He commended that h not, because Improperly aud
premstrrey issued. The other side haS argusi ihat
stay, spd that any nodid 'aton OF IL was nsity,
and they judge Peabody that any further
proceedings would be regarded trespsss Cor that
rec son he asked thai il he superseded quasaed
Jodre uy les considered that The Supreme Court In
Of Iynd Noble, had decided that The ccrso-ar
srsniec under these crcunsta. not stay OF
eeedirgs, and he was N th,. opinion on Friday morn
Judge Peabody should decide that he considered "
Of proceedings, then be Judge would cit on tnat
ssy and bear the srgumentro supersedug the writ
Mr.. Field did not believe anything would be gained By
abe delay for the questions sould up for
gument Even in the event Of Judge Peabody deciding
h@i the cerorar stay Of proc seangs he wo nd
san ask to have quAshed so a. to avoid any proceedings
Judge Davies, after some further Argument decided to
adjourn the hearing Of the m ,ion TO Friday
All
would continue TO sit until the Argument vas clded
combining counsel to The question OF the prcprey OF allow
ing the writ originally.
MR.. prKLD's POINTS.
The following the poit which Mr. Field proposes
20 argue the motion for supsrsetng the certorari:-
If TIE writ Of certorari would lie In thl. would
enable the Court only look into the question OF juc
No other could be inquired uio upon toe 70
Unees therefore, the papers upon which tue cor
norari granted show apparsnt wsu of j1rsdo.
ton, the .rM should moi be granted q Ill., 9; 70 Wend,
The rrit Of certorari is mot writ OF right but o!
grace ls allowance rests in the sound discretion OF the
Court Il will never be allowed when !! will tend I,
1ce delay iDcoDvenien, the public there
0tbe- adequate remedy Us Wend, l9s; Hill, 3ss; 81
g. Ii would be of the greatest public Inconvenience
10 tbis has been Adudged bS the order made by
Mr. Justice Peabody tbat Mr. Couover is 10 possession of
the office Of Street Commissioner BE he's had the fran
chise dc o since the 18Th Of June There cannot be two
persons in possession Of The Office Of the time Mr..
bevln cannot sct and IL Mr. Csnover to be prevented
from acting the public cannot be served that depart
nent of the city IL parayzed whereas II Nv
Conover Alo Wed 10 the benefit OF the orde. made
DIV Mr.. Justice Peabody the Office viii be executed, and
Ar Devns rights or he has any, be asserted by quo
warrAnto without detrueni TO the pubic.
g. The certiorar will not lie ri Gil 10 this The
ryoceedDg' intended to be summary SUD liable
be stayed BY other order proceeding They DO not
decide the right, but ony who s 10 ha the books al
sbe right s tried TO suppose tina. the Legislature intend
I'd 10 leave The summary proceedings for the delivery OF
on Hal BOOKS in Office liable tn be suspended
by oerora 10 that they intended to institute
. useless ceremony. 40 John. so; Lynd Va. Noble 4
o. II the in which ceriorari would lie,
khouli be esued until the 6nal deter alton OF Mr.
Justice Pc body and that will not be until the warrants
signed, Olaf l25 63), and the books disposed
OF en- the return Of the second
having been srenu ,usly commended by the p'a ptd
that the writ stays all proceedings no'~ outstanding tue
qualification sought to be effected by the order OF she
Court great embarrass nent having been produced by
doubts thence arising the Court Will reeve the
al by superseding the writ (l3 wend
ec5 o7i)
I. rhis may be done Immediately. az Wend. 2ll