New-York daily tribune., 1858-04-17
Id AW'INIELLIGENCE
THE STREET -COMMISSIONERSHIP.
N FOR WRIT or ASSISTANCE DENIED.

SUPREME COT LRT- CH,NBrRs-APR i6.-Bcofe Judge
DAWES
Tie People, sc and Charles Deyin AIT Daniel d. COno'ef
This acton was instituted III this Court under sec
tons 4S and @ of the Code to determine the night OF
the plaintiff Devn, and of the defendant Conov-r TO
the Office of Street Commissioner OF this city.
Judgment Of custer sgainst the defendant Como
yer judgment in favor of the right OF the pam
til Devlin, rendered IN this Court AZ inc las.
February General Term, and thesa .ugdmentS, on
apes. to the Court Of Appeals, were affirmed lhe
ild2 ne nts in thee words:
And il is further ordered and adjudged that the
said Da1ie ID. Conover be ousted and excluded ifom
the said otice of Street Commissioner of the CITY oil
New York. 1t is also sdjadged that the :aid Chs"es
Deyn is rishnully entitled to the said once 9i
the execution thereof" An application Is now
mss,. for leave 10 issue execution upon the
judgments to the Sheriff, commanding him TO
cause the office OF Street Commissioner and Gil
things appetsiniDg thereto, and all maps, books doc
uments ana papers appertainng to the same office
which may be found within your county, To be put
ilto the possession of the said Caarles Devlin.'
DAWES. This application in part s based upon
the plaintiff Den into the office Of Street Commissioner ne
tool ,- oiee and 81 s tram bl'e' and ssuen. uPn en
ii,ed hreto upon taxing the oath required ty law
filing the bond required By the ordinances OF 1s oiy
THIS would to have been we settled beoe the adoption
Nixon, CLief Justice in The People sgt stevens. Hill
Co. SAYS When person has been elecod office, he
5d s it ,Ss ns % provided o sG % i. a
this beng what called ~ the books ta"g gal b's9pa
He
sgt Bo.worth ib 49, Wilcox Cop,rsons, - sec SIS
s,c Al Of the Code decar that lGdgnen, te rendered
up, the right othe alleged a. e entitled Hnd me same
be in favor such person. he shall b. ,ned alter tak9s the
cath office snd executing su,h official bond a. may b. e
qied BY law, TO take upon bm'eH tue Aecu'loh " 'ne
Office
Thi, Cours h,lan Wech rat Cook How Pr Rep co. that
tie against public officer and in favor another ndid
the fe the officer becomes actually sused aud excluded
the official hns hi. bonds when required becomes e.
invested with the Office II would therefore to b.
ID in Ike
cs en, TO the Office take: 1t upon Judgment being rendeed
The mdsnept so far a, lie Office concerned itself
TL H. plain language o the Code Such hss been the Mi
form practice this STATE certainly since its adoption and before
Ibine tbertre 80 r.. a. tie ofce is concerned hch
the Sheriff .eHe sud deliver - the plaintiff
WLs, he La, csunot fe .ssen from hin by the sodf sd
delivered him. All which can be given TO the P,nn OF
toe Office he has already We have no power to Pace hm III
any particular Of auy particular pre- ms,
the books papers and document aPprains 70 ne
oiCe concerned viii be seen, they are withheld from .n
psntf Deyin be has summary process 10 Obtain thein an
which ectus tor that purpose But 'usses.d ~ ~
prscc bned 10 issue execution the Sheriff 70 ez' the
Office the the party declared entitled thereto
II -qch practice did obtain in that Preceed eomlet%s % az yer
the suggestion is found IA the TACT that by section 20 tle
todr the writ Of qto warrant and pPefsos, y =
III The nature OF quo Waento are aeo'heu st 'u9
Heretofore obansb under those -econr and 10 b. obtained y
civil action under the of that csP"t Of the Ccd
This CoIt held n ThuIsOn sgt King, ABB Rep M thai ms
sbo-hes all three Of the ancient ned' OF 'crr iAs
Whatever remedies therefore. obsnsbe under these an
cent wits they expressly abolished ~ the Cqo. ara new
and dia ,ent procedure ted bet tns cs.eb
60 n -st.n position that under the ancient proceeding ~
quo wsranto execution upon the Judgment wss hsy 70
pat prevailing party into possession ot the once rorn are
sy OF an ancient directed the sheriff 70 .eize the onc
ard taSe II from r nrper deliver the King (see Kyd
On Corporations 40 cites Lyt 59 B. and thereuPon the
Sheriff shall return seize &c Lyi Jp ~ lhI' Wa ,~u "
- b. regular course when o the King the eoI4
.nd ;be I shen1 ,eiIe te hbeFi'e. Sh
the kings the Peope hands But kyd ssy ~ P'lH rs r.
the not always issued (Kyd on Corp, iO I've
tin Il gneDt In BE- found IN Il Ma Rep
5s COp ast Fo~le prepared BY tue supreme Con-, 81 tha5
State a.d contsr. award execution 1t "as
ou.t.r sgsn.t the cefudA snd which eX prom" "se 'u
the hand. ofth l~ope But a etlte lgroa pre-
Jud y of Jud. Di.tt of this STATE in the ease e
therr that hsl adopt them a. my o" Art sual
ing the Of - Of the Code. rqnls me 1ss
escsred entitled % the oHe By Judge OF tue Court ne
says, TleFo ' provision either IL the ~ 'issa % @
other proceeding upon the judgment - remove 'lr aei'oAl
from me cfce and plae e Ply ] -,s 1ig ss m d,sn,
o,,. eLc udes tie defendant ho e Oice
Tbi. 'a ~ .nsu,et OF as ..ss,g IT. hs ,s
c... Al exclude bin oV tn- 9th and that lch - Toe chyei
H. /. aren't so -cton 81 ol thr Code
sis. sIr-.dy Ii-nrd t whh p r.- that II suet h.
.d upn Of the IesOn ale ~ 70 DE- entitled 1 ns
Sic I'D The .a b. in favor such r-,-ou b. .ha he
.g snrr aIirx tn oath &C. D. take uPJr harsaf
cuon ohce and shsl DO MS duty inDedS-eJ tare
after Of the defendant IN The seton all the bs and
pr, his custody or within his power eonsng 10 the osce
IN which be .bs ha excluded Tbs eiute therefore,
# rendered upon the night the party Gc be-
.b eutii!-d oae s.er ,skDg the Oa,h &C. aGd
r.ae cJ aneday TO taso the Necessary ',eP poa.ed
B the ss;u % otsin Po-,eon Of the books Ac
tss he Office flo wtich he has been thus wronguy
The arnrd Judge nrth-r say; This view VI the
.suie sseay 'eIEhsned by the omission Of the Les,s
"t- u po'ia- tor Any process upon the judgment or
otbsf ptDeesdrg The install the
fsry rnltled The night 10 the orcs being .,;sb-
.h-d " the ldsnrnt they nave provided ;hls summary
remedy oonI to- delivery 81 toe bO0As and paPc s9d
pro-ss or proceeding Of required up)E the
uognsrt 20 d'- the dendsI, II the Otce ssd install the
patty entitled. the Legislature would coube1y have pro
Ydec remedy suitable the s. pTccsss, now
y-r spireh-Ld would be anomaly In the law sud should
b- upsiec Sh some special Instructions = the shrrh s
tEe of execution For proces tss from one
m.n a. once and gSe It 70 sEoher, would be if Pfsto
tDabese lie this 20 execute .nc doubt wbearr Hs ons
toci even saty tie party entitled Thereto that ne ese
htrTei "a him. convince the other patty nst ne a
ot>S lm q - IL insisted" TIE saHi- Jh"ss -
sTntd L-.. 'b4f tiers pGe,stei''t 70 D i'- y
kng-.aA ~ s--- " ~ !, uee