New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-06

The following are he docHneIis in the case
q the paid Fire Department aeainsi which is sought
70 rise LEGAL Obstacles By tie ssso col Injunction
from the Supreme Court. restraining vac Commission.
srs from taking possession Of the property Of the Do
rSt1ent. The following ist'e
sUHMcys:
SUPREME CoUBT.-1he leci'' o. 'he S''te Of New.
York AFT The Mayor Aldcrllon, END Co,e roLalty "
Che City Of NcwYork. the fire DepT ent o. Tie City
ofNev-York James v. BDo.h, Caaries'C. Piuokney,
Philip W Engs, and Marlin j. Erusu.--lo tae above
1amed defendants. nd eseh 81 tueln:
You are hereby suHlmoued dlu required 10 answer
She complaint in the action II Which COPY i here
with served upon you ard 20 copy = vcur en-
swer 70 the saia co-iuaint an the snJ.rbri At Lis
office in the cityloi New York al No 10 Gns Twelfth
etreet in said cty, within 20 d. oi'ei sDo service
hereof exclusive o. tie Day a SAID seFeci ana II you
fail 10 answer sGIo comp alnt VIVA" lhe ih' aloiesIu'
the plaintiff in this seiot viii apply 10 the coi oI re-
lief demanded in the complaint
JOIN CoCHBANg, Attorney General
Eer- York, May 4, Ices.
The folCwiBg is the AFFIDAVIT, ofthe Attorney General:
SUPREME CORR, CITY AMI COCSTY OF NKw- YORK
TIE people Of the State Of New HOiS paiDtIs against
The Mayor Aldermen, and Conmoae " Of the City OF
NTow York the Fire Departaent u he Gas Ol New
- Iohn Decker Chief In -inesr Of the lire Depart
L0N- CITY of New-York. James W. Booth. Cbw.
1sp ~ y IN, "hip W EnGs and Martin Is. Brown
defendants. D.. Of the State OF Se,yYork
sv Iobn Coo ran s9 4ftorn,.T General complaining.
allow 70 the Court: ,;y..... .., r.
That the defendants TIE Mayor Nc Iaev IN - ooa.
tnonalty Of the City and County ~ NoN 80 u,e :
municipal corporation. duly sIgEilr' on ~ Id" ~
.he State OF New-lOrk, and ssvins JHtl'uioioo @
within the limits of the city o. NeN'f oiA az Is sue
corporation they are the owners OF certain ''.o
buildings and property and arprainses tele,o' nmt i
certain ire-engines app.Eetase fiose ~
tools bells end believers. BreSeAgfaphs abn olleI
property all and every OF Whiss IA situate ana s.lE
within the corporate limits OF said ct. ana bei1E no"
5sed by the Fire Department Of the sa~ Guy Vi we"
YORK. - =. -,
That In and BY the laws Of the Stste Of sw OK
there is created body polite by the name o. tbs
I Department of the City of New York sat Mat VI,
Iaid defendant. John Decker d Chef Engineer NJ H.
1ad department. and engineer has The power to
lake and have the control and msnseentn Mt Of al the
officers for the prevention ana eXtinguishment
Of fires within the said city and is also authorized ~
have and exercise and does have and exercise fOi
the p pose full and comrei use, possession, and
S0utro Of e real estate and the several buildings fire
engines sppaiatuses and other property owned by the
Isid COrpcrS ion aforesaid.
That the Said real estate aforesaid is necessary fo
che purpose OF which is held ~ the said Chef
yineer that there Is otner Ike property belonging
90 said corporation, within the sid city which could
be used or employed for such purposes and hat the
welfare OF the citizens and Inhabitants Of the SAID city,
ana the protection " Their lives aud propcrS mpera-
lively require taat the defendant Decker should be
deprived OF the SAID property or in any mmuer inter
Tered with moested in the government or arranrc-
asnt and direction OF the same.
The said plaintiffs further show ia the cont that the
'zefendauis james W. Booth G. Z. Pinekney Philip W
Engs and Martin Il. Brown, conniying and eoDledera
.ine together. and ~ and with dWeis others TO IN.
plaintiffs unknown seeking 10 obtain possessjon
sontro. and mans zement of the real estate and The
several buildings hreengBeS, app ratuses and other
property aforesaid and are in fact without the con
ent authority Of the said John Decker Of the said
corporation and against their express shes about 10
take possession control and management 81 the SAID
property into their hands and exclude the de-
PENDANT Decker from all possession control and aory
over the same, and that they will succeed and thus
In excluding the defendant Decker thererorn unles,