The New York herald., 1862-01-01
THE foar eANsEvooar lMJuMcrIoN
Court OF Common Pleas.
Before Hon. Judge Hilton.

Before Hon. Judge Hilton.
DEo. 3l-Zsaac Daytn Us. the Mayor and conmcna,y o.
0e CITY Of Neao k-This being tho day fixed for the
return to the writ for injunction served on the Com
mon Council, the Court was dsnse'y crowded Ex-Judgc
Dean represented the Corporation Counsel and exJudge
Sosson, Mr. Noyes and others for tho plaintiff
Judge soson said that he thought no could relieve tho
Court from tho discussion Of this to-day the Court
concided with his views point which no would now
present They had been served with demurrer TO tho
complaint thus admitting all the facts alleged and resting
the solely upon the question Of law which
He submitted, MS there could be necessity for any
haste in this matter, as the Corporation is a
gravity, and would involve considerable discussion
OF law he thought it should properly before
the Court at special term on the argument upon the do
mGrrcr. He respectfully submitted that that would bc
the disposition Of the they would take short
notice and argue next Monday He repeated that thero
necessity for pressing the argument to-day IL
could not by any possibility be finished unless the Cur,
sat to late hour and would be New Years
Day and the day after would not be a very proper or
comfortable day at all events for me) to go into long
argument he submitted that the case over to next
torn.
tho Corporation only and purely because the Corporation
Counsel is too i'll to leave his house and his assistant Mr.
Anderson is out of town My instructions from the Cor
porption Counsel 10 insist upon the argument OF this
case to-day. He thinks that it Is that does
require that tho Court should act upon it and if
tho Court thinks, afaer hearing the statements in
the complaint, that the injunction should be con-
tnued Of course it would be- Certainly it does no.
with good grace from the plaintiff who has GU.
joined the legislative branch Of ts Cooperation
ask for delay Ho Judge Team had read the complaint
very atentively, and he could not anything upon
which an injunction should be continued. II might be
that the Board Of Aldermen would not listen to the eo
quence Of Alderman Day ton that all tho complaint
alleged He also perceived that the injunction had owl
IDENTIFY been granted in great haste would appear from
the complaint and nerncations parts stricken and
blanks and half sheets OF paper and he thought that
was duo to the Corporation that the matter should he
engaged
and they could not finish to-day they could easily ad-
iourn il TO Thursday. Mr.. Wood had desired him TO
state by letter which he had received since he entered
the hail. that he ho Mayor did not appear did not
oppose the Injunction.
favor shown to the Corporation Itself the Ring"
on this motion. Mayor Wood had declined to oppose the
uJuctiou by that he conceded that there ground
FOR the equitable Interference OF the Court Mr. Sosson
then alluded 10 the allegations in tho complaint
bribery and corruption and he thought that the tsxpay
ers and cit1ns should call upon the Court not 10 pre-
cipate action on this subject there very grave
questions involved particularly in tho present attitude OF
financial condition in this city while we groaning
under taxes to an amount which almost made the pos
session OF real estate nuisance and burthen. His
learned friend Judge Dean) had not given single
why this matter should be argued day He Mr..
Sosson) contended that where tho complaint alleged the
attempt to brbc Alderman DAYTON and that undue nnu
enccs had been otherwise used ia order TO hasten the
passage Of this measure the Court should defer the
on until all the points Of law could be argued before the
special term Asto tho complain, having been drawa
hastily, lie would his learned friend.
from tho personal conviction Of counsel that had been
drawn substantially and on such basis would enable
il TO retain footing in this Court upon PRINCIPLES entirely
sound and we'll adudicated.
Judge Dean remarked that in the observation he, OF
course, did not mean anything disrespectfu TO the
Court Hs then proceeded to argue that there were
legal grounds for continuing the injunction
Mr.. ". c. Noyes was then heard in reply, and in the
course Of his argument said that as Mayor Wood had
not appeared OF course the injunction should be continued
as against him hc alluded to the haste exhibited in the
Board Of Aldermen aud TO the charges of bribery and
corruption Insisting Tia, the injunction should DO oon
tiuhed .snt the demurrer was arguel a. special term
>~After further argument, The Coari ascLlsa that ne
case should go over until next term injunction,
IN the meantime, to continue.