New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-17


other Court is peer, from indicating lie outraged
dignity ard authority.
In r. card to the last IN JUNCTION granted by yutys
Peabody lie would read The complaint which I, VS.
founded 10 show that there no ground for III At
psrt az the r;uncton which has to do with the acton
Of the Court Of Common Pleas. II suspended the
power Of tbs, Court 20 enforce the ts OF sutors be-
fore IT, or sustain its dignity and protect It's pro-
ces,es erG for the allegation in that coup iustfy.
rg any such order the world would have 10 look with
careful eyes and in vain, the ouly alu-ion 10 the
Court Of Common Pleas being 10 the eleventh section,
and that only alleging that suit wa pendry in taat
Court. such was the groand which the nj urction
IVES obtained He submitted that such being the case
that junction ought be d,olred 1t octht ,be dissolved
m.. me S.Di,y Of hi. cou. t.eL ought TO be aone out
9th CT courts stough the learned counsel did yeser
d s sep iDa ,ns Homo would not allow hse !, t.,
a., sueh eoncu.ions TIE Of two Courts of e9a.
one to me cot otser playing q S.dor
sive opinion. " TO the power aud .oyeresuty q al
The critr made no, a&rdata and therefore the
L rot -, oSuSran IS to Dsyn because the question Of title
vm rot pissed upon Ths, question leading and import
s on; ;a4
position takes the Count Of Common Plea, necessarily
Sre.ion "a. argued and the tile Devln proved .aac
;cy to that Court Such was the state Of The csc when
pt:usiiy en- joined on the srousd Of Re, adiudeata
At2p the COur: remarked that it could not hear o0uh'
M sickle, stated tina, be would prefer that the should
be put Until Friday at IS h associate would not be in
said he had heavy cas-; Sc; &c, -; down for tia;
lifted up snction snc be felt himself bound to take UP
Mr. Sickle, Their Piled that be would tomorrow, aud
pc bsp. BIZ colleague would return in time to make his asu
melt il rot he presumed hi, Honor would adjourn IT,
The Court then adjourned the until II m TO morrow"
The following are Messrs Sicklcs and Brsdy's points
Ft Poiat The plaintiff has title to the Office Of Street
Comm orer and consequently he has no cause OF acton
The Charter 1857 provides in general terms that the
heads q DePHer,: Do, elected By the DGOp S ., .S be
hoard Of Aiderme en-" (sec. 49,
Their Of h /. 70 N hi. power Of Appointment III.
single vacancy created BY enN Of time The whole
Ey & az. ,pn to gpPy S.o 1SsHSy '; S
': I'll. w amended I'll Charter make. special provision
s s S " sud the in
stance required be filed By local city authority There
held BY city sppoihmen Tie appointing power .wsy.
In life capable action aud it By the terms OF the Charter
The by ancu and fetched construction Of
Sec s. TO withdraw the interval between the encn, 81 he
the appointing power provided BY Sec ~ and thus to leave
a pr oI a hS
cation of the law oi les cannot prevail o, 70
d ,Sv opSS Ss he e avoided
pressing any opinion Judge Roosevelt inmsted an opn
ION against H. Judge ngrsfsm expressly denedi No Judge
h,. ntimsted an opinion IN favor Of T. Conn.
B 1.-THE plaintiffs Is adopted no Common Gon
1856, to the next election ,,o,o ,-,..,...,,,. d..
The nspssy Of the law Of 1872 in IL I IA to the the
right claimed under BY Conoyer Governors app'ntee
The 5ist section though protected the Street Commits
.oe ard other hea 10 Of from any cutamen OF
their then existing of S By tine Examination Of he
holding before expiration Of their terms Surely removed
p1StI f n that chs created for the purpose should
The Of PEOPLE y. @ 4 ,sca to o
gttber substance 10 the a. Il !, read thus; The
dne the Offices Of Street M a Se
i've nnles removed from Office daring 'ach conh'
The Constitution s. 10 y in authorizing the Lesi,
lau5e to fill in office requires that body TO dscnmi'
NATE swGe elective . so1s an: ~. The ac Of @
provides for elective oce. only In respect to incidental
&c n Offices held BY appointment general provision wa.
made except in cases whore the LEGISLATURE
part of q r. S. $50 secs Il and is Itws. Necessary to
Gey s. W Intervals Of epo.e during which appos
power must be dormant all other the appointing
10 e the sm s.SeS ., the
queDty viii be found that in oil other of office held BY
ce covers 81, however arising whether BY de th
T TSe s 10 sec the swing of th.
powf Government. PeoPevs Draper juno 7 1851
Second Point The prime tho title to Office cannot
be Inquired into eoatesy aud that where one officer de
(oef his acts will yad until custed has appcs
lion TO The present And il this Prnco'e had any In
favor Of the present plaintiff il hi. summary pScec
is submitted that It mssppled
An officer proceeding enforc. his powers against al md
ground tina, he is officer de ct t sppe.r that L i not OIL sr
q%madd; z f's and u no Sstna Bs5
Mass r. 2j; s Dig title Office ard officer secs 10 to =
IT, on S a. and spps .naf D.t
Dc fseo sPpes When tie officer himscfis party he must
Ill Ore claim, apublie oceI and on the face ., h,
goeedns. that he " no, the s ,S '0 o ta.
csnnot obtain JUDGMENT against the latter
.y .h., ci,msu. after two or three day.. alleged
may 60 before Justice show that he ha. himself no right or
it'll to f is Gt oSS s y and that the Justice may hersspon
the books ape paper om the hands o. the lawful ohcer
y Conover II he IRA, not officer dc ure could have been
officer de acfo officer ure. exercising the tunc
e,ste appoint. power the defect in whose title the Court
has regular Of ling IL the proceeding before it.
Burke Elliot Tcdclr Law Reports, soil HOOK sst'
Third Port: Tfn, the summary procecdns. before MI.
f1l,y insisted upon Tor the following reasons:
ton Kept belonging to such corporation. are
books papers in the custody Of an Officer OF u any
ofhs act OR I24 5; Frost Bi,bin 10 wend III
L.vs vs. De Lie'serre. McCOrds &C. ~
H. Tho admitted al hands to be apphca'e OH
to case where tie Office in possession Of the applicant
Is Hir. 6S3 Yet Concvers original compliant nr,1st
he presumed stated fact kat he had actusi Of
iii This defect in the origins, complains. could not be law.
fully supplied by Proove to the vn See ' &c
order DeN hin show but II "
supplied ther the subsequent adsvits Of Conor esp
when conuected with their express and implied admissions
touchDs De,s and title show case not within the
sstute in The following respects:
Conoye. .idavits Disclose the OF contested success
sion and hat legally Illegally he was in fact hsia o9. OF
cacr ard derd the Of exercising any Of s dnc
irons BY ,urdy oges Of the Corporation Then he wa, uo
officer de acso within defnn OF that term snosn 20 @
law An officer de oetc actually EXERCISING the
of the e with :he spprent acquescence OF Toe apPnus
power under color Of iaw ul election or sppontmeu
The last AFFIDAVIT made by Coneve, himself on tue .,n o.
Juy 1851 expressly admits that all the books aud papers
in hs gh.fa proper place. Of deposit Tcey coIa no.