New-York daily tribune., 1858-04-21
LAW LNZELLIGENCE,
sIPREME COURT-CHAMBi ss.-. APRIL 9.-BefJIe Jaiss
g.
THE STREET coMnIs5osFhsHr.

the STREET MISJtNsFRsHIP.
Charles Deya Dszie r. Tiemsrn Mayor Of New York
This morning at O'clock counsel for the parties in
this proceeding appeared before ybdge Sutherland
for the purpose of arguing the order recurring Mayor
Tiemsnn to show why he should NOT deliver 10
Deylin the books papers, &C., of the Street Comms
sCners ciice.
There was nothing done at this time. however, and
the argument postponed TIL o'clock in the alter
noon.
James T. Brady and Mr. Stilwel appeared for
Devlin, aud John Van Burea and Augustus Smitl
for Mayor Tiemann.
AT io'clock, counsel again came into Court Mayor
Tiemann and Recorder Barnard were present Mr..
81 ady banded to the Judge the following answer OF
Mayor Tiemann TO the order to show cause:
In the matter Of Charles Deyln
Daniel +. Tiemann, being sworn, says that he rs
Mayor ofthe City Of New Yort that on the h Of Aphl inst
IN pursuance the twenty r section of the City Cnser Of
Commissioner Of the City York aud the same day hs
rsr snted TO the Board Of Alderman COMMUNICATION stating
said removal has since been revoked Ho mas said com
ssy that the 18th day Of April inst and rg the recess Of
Common Council and in pursuance Of me twenty fs sec
in om the the aid office Of Stree: a tho CRY
New York. by paper which be sent aAd ahhed hetey .hs
90 I5b Apn hi. dpon2n. sen, 70 the bad Aiermen
alton stating the esse Of such 'dsp-p,ol %
personally said Charles Dsyn iae 'ao ysna s
,, .rb ~ male sgrh service on .sd Dryin depoent
further Gays that at the meeting Of The sad bod Oi
s 11 s % the enoy. df aid Charles
Opponent iurthsf says tn
the Bs ard CT Aldermen az the me.ti ,DliI e1 me
Of Edwsrd and the said oce Of StErct
that ad Edward Cooper, after hs sa5 .ypDn'
A. 90 81 The same in due form Of .av % Md hi, oh
OF ohe. and duly executed aDH %. oc bond wgh suf
c secui..s -. aid ward Cooper ,hereupon became and
Il Stree nrssoner Of the Cy OF New ors aid
resson the said Office Of Street Commissioner. AID
- ,r toIs u.x-r- and documents II yaons de.cnp
n, ,pr.pps and belonging 20 the said Office aud which
eoned In assigned BY sv for the use d the Street
H. rs al In the Hal Records and Of the Keys Of said Off
LAT ,sd Charles Devn has in person demanded from him
"a en the po.s, said books papers, maps aud
en, Of various ,cp.ons spIrtsnDs AMI beongn, the
sid Office OF Stree. Conmis.ioLeT & laid City
''- '1-'' ~ DANIEL y. TIEMAEN.
Annexed to the above were the order to show
cause, the affidavit of Mr. Croft, and the Mayors
con II UT .c alton TO the Board Of Aldermen.
Mr.. Brady then moved for q warrant Of attachment
TO is-ue Under Section % OF the Revised Statutes frat
eo ton sgarst Mayor Tiemann. the ground OF
temtt. Mr. Brady called the judges attention TO the
history of the matter since the Judgment OF the Court
of Appeals in Devn's favor. The Mayor without q
shadow of authority, had taken possession OF the
ofce ara MI. Dew ne counsel had applied for writ
Of assistance, and the Judges, after consultation bad
decided that there was writ pecesssry OF proper
because, in the first place, the judgment executes
ltse ef-tba the stIempt On the pat OF auy p'Tsoo %
hinder Devhn om TAX ng possession OF the oookss sna
papers. &C. would be- equal to 9 III sdenean9t.
Tha Mayor has co power o. sn.aoriy " ssAs