The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-11
MORNING EDITION-SATURDAY, JULY H. 1857.

but suggested that should only apply search the ose
OF Mr.. Devlu, and am place under bis CONTROL.
Mr.. Field consented leave cot Of the order ofce
Of the Nav or and Corporation Counsel BE did believe
thas The Mayor had any OF the books AZ yet.
The order was then altered that the should
include the search Of he Hall OF Records and corporation
yards he apartments and rooms Set FOR the duties
Of the Office Of Street Commissioner.
The order, as amended ives then handed by Mr. Field
TO Mr. Conover, who served Il on Mr. Devn IN cours aud
made lo' NAL demand Of the book sand papers
Mp Busteed and Mr. Devlin here kf the court evident
y bent on nome other
In few minutes Mr.. Noyea sa that he had affidavit
of the service OF the order OF the Court Mr. Devn and
his onssion 70 comply WIN the order
Mr. BRADY replied tina. The order had been just served
on Mr. D Win IN his Donors presence.
He then read the following au,wer:-
Mr. Devl'ns aDswers to the demand made upon him
der the order this day made by the Hon. Charles A. Pea
body are that he does not recognise the order valid in
tina, be has other possession OF any property
with the Office Of Street Commissioner than such
belongs official character that such property belongs
TO his official character that suth property belongs
to and is In the roese sioD oi the Mayor, Aldermen and
Commopasy Of the lily Of New Yori subject TO official
property to Mr. Conov and tina, there IN force
piupcon duly granted by the Hon. James Roosevelt,
restraining Conover from taking possession Of the books
&C. mentioned In the aforesaid order that copy Of such
INJUNCTION has been served said Devln For further
Mr. Devn states that he is directed by tho Mayor
city New York not deliver up said boos &C.
and advised by the Counsel for tie Corporation or the
city Of New York to retain said books NJ for the said
sworn before me, this 10th day of July, 1857 Gu A.
| PEABODY
Mr. Noycs said two thirds of that Answer wa. CON-
tumacous and would warrant the party making 1t 70 be
| punished for contempt.
Mr.. Brady-You had better for commtsl con-
| tempt.
M. Noy after further observations moved for
| the issuing OF the order.
Mr. Brady- man ia to be put in default for refusing
cand The refusal s a. much part Of the proceeding
a. the demand Itself rhe answer must not be to
necessarily.
The Cour.-rhe answer was sufficient, but
pretended as an answer to the order must be
sworn,o
M. Brady-we can put jura: to the answer to ,ave
trouble Then there u the injunction.
Mr. Noyes-It Is not proven
fSe cors , not the sSpreme Co"Ie o
". Bady-You are amply acting a. q Commissioner
under the statute writ of cerorari has been issued In
this case, which s stay Of all proceeding, and here Ia
the writ, which will DO served your Honor Here II
is, issued by judge Davies Reads the writ)
The s1Ss s s copy y q Na the I .,i.
no the Hon Charles A. Peabody one OF the Justices OF
the Supreme Court OF the State OF New York. greeting
We being willing for certain cause TO be certified
o. certain decision and order made by you on
the le'h day Of july In the year 1851 In an appca
pei the said Devn TO deliver said Conover the books
papers, and documents connected with the oco Of
Street Commissioner for the city of New York. which up
pcaon made under the provisions OF the Revised
Statutes OF this State, do command that the said ap
pcaon and the nes had before you thereon and
the testimony taken In relation thereto before you your
decisions processes, warrants aud orders and during
the tendency OF such application with all things touching
4
reme Court Of Judicaurc a. tho CITY Ball Of the city Of
New York, on the second Monday or September, A. D.
wr that our ssd Court may further hereupon came 70
be done therein whatover Of right ought 70 be DONE
witness. Henry psviss Esq one Of The Justice: Of
city Of New York, the 10Th day Il July, A D., 1867
uorar, and tina, andavt Of Mr. Devlin Of that
writ viii decide the question that Honor acting
The CouI,-rhe Court has lsbored under no misappre
hension on this subject
| Mr.. Bady-Bpt Mr.. Noyes has made that Argument
| Mr. Noyss-Only in the general sense
Mr. pcvin here svorc to his affidavit before Judge Pea
Mr.. Noyes said thai for three months they had been
trying 70 have the law enforced They had boon opposed
BY Illegal means at all times, AMI by bloodsbed and vo
the supposed ingenuity Of his opponents could Thus evade
the Jaw was contemplated by this injunction, affidavit
and writ OF cerorsri The junction had been granted
| by Judge of the same court While proceedings
pending before his Honor He contended that this
proceeding entirely unknown TO the law. The injunction
Judge Roosevelps) could not operate upon the court
Nothing bit prohiblion from higher court could
strain u wbou' saying anything Of the courtesy Of this
Injunction. be would show that was not right II had
beeo granted without nsce from Devn Copover and
without granting The auer IN opportunity - be heard He
believed that the Injunction invalid.
Mr.. Brady argued that the rule about njuncons quoted
TO show the invndiy OF this Injunction In this
inapplcable That rule could only apply in courts Of
ordinate Jurisdiction. He had sad yesterday and he
pcated now that be would consider the granting Of the
wr's Sked Tor violation of the injunction granted by
ceedns and when comes II the proceedings here
and suspends Honor absolutely Read from
Bacons abridsement, certorari c. wherein " is laid
down thai all pro,eedr gs done In AZ or the service
OF the ceruorGr erroneous and void The record
virtually now in the supreme Court and your Honor 10
fvnc'V Qfeio
Mr. Field REPLIED and no doubt that the course re-
sorted 10 by the opposite side for the purpose Of
hwarine the proceedings before this He believed
that Mr. conover could not have been eponed excep, up
TO the Sd Of July He denied thai Judge Roosevelt had
continued the piuncon and challenged his opponents to
produce the order HIS Honor should sign the warrants
and leave Ia Mr. Conover to take The teal with
respect 10 them. n they entitled 10 warrants
they hoped 10 have them 10 day. The common law
writ of ceriiorl had effect In n summary proceeding
like this. The final determination OF his Honor mad
been made became he had syped tho and
therefore writ Of oertiorsr could him from
finishing his proceeding. Mr. Field contondcd that the
warrants should be signed and 10 with the ccriorn
to the supreme Court Whether these warrants would be
executed net depend upon the advice OF
and the sdvce the sheriff may get With respect 10 the
uorsri.
The Court ntimaied would take time 10 consider
the matter. In the meantime he would take the amended
orders with i'm. vas ultimately agreed that he would
give bis decision Monday morning, at N O'Clock, TO
which Time the case was ~ burned.
~