The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-17
THE c CURT S.
s,paeur cousT-sprcIAL Tern.


The Fernando Wood Iubrsglio-The Pullman
Iajaucsion RESTORED :and Order 70 show
Cause Granted.
Before Judge G. G. Barnard.
Copiss Of the following sfidavt and injunction re-
s.rsining the execution Of the lease Of Fernando
Woods premises in Nassau street oces for the NUM-
cpal Law Department. yesterday cd upon the
Comptroller and Fernando Woods counsel The tle it
will BE- Observed is the that borne by the com.
plaint which has already been published in the HERALD
ana therefore Includes did the original injunction tho
name OF Matthew T. Brennan as Comptroller
CAslstopAer Pullman, Member Of ne Common Council
ef the CRY Of NaC Fork The Mayor, &C., ofs CITY Of
Esso York, TIE Commow CbGxci, &C., AaaAsy Brennas
q Yo, Day the sor n.S e y ny
plaintiff In this action, being duly sworn says-This
action was commenced on or about December Is 1885,
representative capacity - member Of the Common
Council Of the city Of New York. to restrain the execu-
oy lease OF premises in e q Ana M
street, owned by Fernando Wood, which lease or re-
nswM said Comptroller was directed % mako by
resolution OF the said Common Council passed december
Il 1885, And this action was also brought to have said
resolution declared Illegal invalid and void for certain
SOpaD: in
Bsrnard that on the "a Of Hsld 1857 lie dsfsndans
sion upon the ground ses forth in tho anhdavit 90
oompanyug said notice; that motion postponed
psnr and defendant ana was a. isnssn. On or about
April ~ 1867, abandoned by the defendant fwoed)
his counsel and attorney and on the calendar with
dsponsn It request Of said woods attorney, consented
to restore said motion the calendar and argue shs
and was submitted upon points without argument tho
suggesnon o. said Woods attorney that On or about
Nay said %S was s' nS By ss1 g
junction. And deponent says that the ground Of said
motion Of said Wood that this action had abated
e public officer, but that since the commencement
thereof and before said motion the PLAINTIFFS term Of
onlce had expired that the said Wood did not make
nor traverse IN his said afndavit which was
the only one served BY him ON said motion)
which said injunction had been granted and that said
Wood made his said motion upon his said adavt dated
pleading or processing whatsvsr and said motion was
submitted to the court upon the naked point whether
this action had abatsd by reason Of the plaintiffs term
Of Office q member or said Common Council mnCe the
commencement thereof. And deponent says that the
Hon. G. g. Barnard, In deciding said motion as aIore
ncsnty based his decision vacatng said injunction upon
the merits OF the Of action herein that the defend
ant Wood immediately on May s. 1867, obtained and
entered order vacating the plaintiffs injunction and
served copy OF said order on the Comptroller Of said
city, and obtained mandamus to compel said Comp
troer said lease renewal but that copy
OF said order has been served deponent de-
cent regard for professional courtesy and the rights Of
the plaintiff .s and the other parties e this action would
eating said injunction entered upon such decision, and
such appeal win be heard az deponens believes, 81 the
next June General Term OF this court; and that ap
juscon was Obtained tie lease or renewal q lease
the making Of which restrained BY said Injunction
should b made the city Of New York would b greatly
damaged that II the making thereof were furshsr
strained until the decision Of the General Term upon the
appeal from the order vacang said Injunction NO dam
age could accrue 70 the dsfcndants or any Of hsm
aeponsnt verify believes. JOSEPH +. DAILY.
sworn TO before mo this 18th day Of Nay, S67-ED-
WARD n. PLUx, Commissioner Of Deeds. New York city
and county.
a oaDua 70 snow GAUSS Ann Iuuscrox
On the f0rsepsng nndavit and upon the complaint
adavIt for in5nD0n1; 5njancton a0davite Of defend
ant and q paAiun3 OPINION and dsoialon Of Hoa 6. G.
sotps OF appsal aad "a uton II Joseph y Daily plain
v6s attorney let the lefsndant Fernando Wood show
before Of the Justices Of this court al Special
Term, at Chambers thereof 70 b held u the City Hall
Of the city Of New York on he third Monday OF Nay
1867. ~ twelve O'Clock n, why the execution Of tho
lease renewal Of lease forth in said injunction
should not be stayed and the Comptroller restrained
from paying out any Of tho public money under
the resolution OF the Common Council set forth in the
complaint In this action - commanded therein, until
the determination Of the appeal taken by tho plaintiff
from the order vacating said Injunction; and In the
meantime and until said cause be shown the Comptroller
Of the city OF New York enjoined from executing
delivering tho lease or renewal Of lease the execution
whereof restrained 10 and by the said injunction
and from paying out any public mons1 andsF such
revolution Get forth IN The complaint ...
Nsw YoRE, Nay 10, 1857 Justice Supreme Court
psremptoy mandAmus in the Of she People, rel
Fernando Wood va ne Comptrollsr, and which vas
adjourned nom Tuesday until yesterday, did not take
place yesterday, but was postponed until to-day That
mandamus, Il will 30 remembered, ordered the execu-
tion Of the lease