New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-20
LAW LVI,ELLIGENCE.

SUPREME COCRT-SPEcrAL TEKM-Jan. l9.-BefoTe Judge
SUTHERLAND.
The sIREFT-COMMISsIONER INJUNCTION.
The Mayor Azsria c. tsgg d. d. CoDover Charlie,
Deylin, &c.
The order was returnable on Tue ~lay, requiring
the plantf TO show cause why the injunction recent
" granted restraining the Controller from paycg,
and the other defendants aud their employers from
receiving. for any claims for services In the Street
Commissioners, should not be dissolved so tar as re-
,ates to Conover, the acting Commissioner aud his
clerks.
Mr.. Field appeared for defendant Conover, and
urged the following points in behalf OF his client:
No Injunction can be granted in an action OF quo
,arrono to restrain the defendant in such action from
exercising the Office pending the litigation. That was
decided in the case OF the People agt The Police Com
mis sonels Abbott 1888. The public interests require
an Office to be filed and whoever holds 1t de fdcto
should be allowed, for the sake of the public to exc
cute it until another RECEIVERS it from him.
The complainant in the action of quo r0rToato ad-
mits that Conoyer is in possession OF the Office
Being in possession il il his legal duty to execute it,
he cannot execute il without subOrinates; he has
right to appoint them, and the City Is liable tor their
compensation. The office cannot be executed unless
the subordnates are paid, and to refuse them pay
ment would be restrain ConOyer indirectly from doing
that from which it is plau he cannot be directly re-
strained. ,,, >,
The injunction in this should therefore be dis
sOy ed as to all COnoyers subOrdinates ana a. 10 MI
Conoyer also because he cannot recover his
salary without showing that he is righttully Street
Commissioner.
whole
d. acto has right under his election to appoint sub
oriinates and perform all the duties OF SAID ofhce
Ii j. not only right but legal duty.
Mr. Busted urged the following considerations III
favor OF continuing the injunction:
The Injunction was properly granted 10 restrain
multiplication Of suits by the employees OF the street
COMMISSIONER office against the CITY II It should
be dissolved as to COnOver, il should be also as 10
Deyn. The Injunction cannot be dissolved WITHOUT
deciding upon the title to this office, WHICH cannot De
tried in this collateral manner The empoyeesoi DOH
Commissioners hold their offices knowing the unceI
anty Of their tenures, aud therefore syhPa,hf ioi
them should be no argument in favor oi dissoNihS
th. Injunction. Moreover, if the city pay Oil tnese
salaries separate action will have TO be brought 10
recover them back if it be decided that the i.es VI
the various subordnates either OF COnoVer or De'h;
are had II may be impossible 80 to recover then anu
thus the Injunction asked for is the only practical
means of protecting the city. - ~ ~
Mr. Busteej also denied that Mr.. Conover wa,
Street Commissioner dc tacto. he did not perform a
the duties of the office. Mr.. Deyln performed Us
many a. Mr.. Conoyer.
Decision reserved.
Ia the Matter Of the Habeas Corpus Of George rsTor
This case was set down for II CLOCK on iu' Cy
TIE argument the injunction III tne IL oroud
m, soner case being then in progress, the LOW
collected 70 hear the details Of the late eiopee m
obliged to wait some two hours, win 10 .od;on
ing amusement than listening to me Sr ' aed
.r'ount ~ Mea.rs Copoyers and Devhu Ptoccrh-
iDgs. o.ob.d NJ Saar.
At about p. m the case wa. Ia 49, ~
counsel for Mr.. TAYLOR sisted thaf ne hed Deen SUD
n"d 40 .,,and at Albany on "Wednesday a. wit.
pe.. For tb. reason postponement was made until
Thursday at II M ovx,ss,oxrpsup
'"N a-,or. Judge DAVIES.
,,.,n c,o-., ,x the Mayor &c, and Charles Devln.
iii. the case in which an injunction was granted
he Judy. Peabody restraining the defendants from
=! .Jn, in the case in the Court Of Common Pleas
puS rom ebstrucing the order made in the proceeding
s The delivery Of the books of the Street Commits
.ioners Office made by Judge Peabody.
The case Was called up thu morning, before Judge
Day;e. and Mr.. Field counsel for the plaintiff moved
The case on. The defendants counsel applied for a
no.tponement till the next term, which motion was
| granted
II CEAAsERS-B-fore Judge SUTHERLAND.
IN re the Mayor. &C, Of the City OF New-forf,
Br4Js Josnso1 and othesRsfered 10 o. Tseson. ESQ., 70
| take prcofs &C.
| Richard ", Cunislagt. Chas Ricb.ss.-G0t0a 70