The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-09

The Fernando Wood Leases-Thc Perempto ar,
Mandamus and Stay Of Proceediias, &c.
Before Judge Sutherland.

The Fernando Wood Leasss-The Peremps cry
Mandamns and STAY Of Procecdiias, &c.
Before Judge Sutherland
TAs PeopL 4r rel. Fernando Wood u Richard b. Con
ssssy Comptroller dc-On Monday last a writ OF pc
vsnptory mandamus was issued from this court by Mr.
Jussce Barnard upon application Of counsel directing
ne Comptroller the lease Of Fernando Woods
building Nos ll5 and III Nassau street, for ten years
n an annual rental Of $4,000. The matter has been
before this for several months past and legal
tioa taken in reference 70 the lease rental
n The promises by Christopher Pullman. member of
sAe Common Council, who obtained in December
last order Of injunction restraining the Comptroller
from executing the lease and instituted civil action
prevent the In January Fernando Wood, through
counsel move for mandamus TO compel the execution
II ~ lssees nd the payment Of three quarters
sSss due amounting 70 sls,5oo After argument BY
en1.snt counsel the motion was denied by Mr. Jusicc
Leonard. the ground that the Pullman injunction
then IN exisence and should be vacated before
nnus could ISSUE and that there was no money in the
city treasury for the satisfaction OF the clam rental
ON saturday Inst motion made before Judge Bar
nard aside the injunction, and, after hearing
Sceisicns on Monday last setpg aside the order Of re-
strant the Of the Mayor and others against
nando Wood, and the injunction In the Pullman suit
ths motion for which had been argued Friday the 81
On the same day upon which these decisions were
by counsel for Fernando Wood for peremptory man.
danus 70 compel the execution &c OF the leases and
shs following order was issued by the Court
tn Psspss ef Yoyk he Hon Rihcnt c,a.
.ely 6smfs.ousr y a. eiy y Kss ro,a:
" ss 81 n' s.s ~
us and lil Nassau street In the CITY OF New
Coalmonslg Of the city % New York, a con.
ne board dsTncn Ss Board S' q 'cssssr
.SS spDSS.ed n hs ii. sySs o % ss s., ely and
dsrcd and judsly confirmed by this court which fact
e % nH yeS &. s
~ :s's s:: A.: y
sss rsssor herein q whom you are directed BY aid so
make execute and deliver -aid renewals Of leases
whsh complaint We have adudscd 70 be true as appears
S.Ssisss being wiling s.s. ass ssay a:.,sss
Fernando Wood, do command and .onioiu yeu
,s oass ss. and iss deliver h q sn
Of and conformity With the said resolution afre
made asS 's and ssseae Fernando WOOD
q ' Ss s
OF city o. kew York DO forthwith receip ef ths
60 he said Fernando Wood and failure thereon thai
cn Be confined in q, county jail o the sy and eIn 81
order Of Ssr ssIgsIs ssRsARo Justice Supreme
Nrv YORK. May .. 1881
THIS writ was served tho afternoon Of the eth, OF
rather 70 the knowledge Of the gentleman acting
Counsel for the Corporation In this matter, on the
evening the It'll YESTERDAY morning, the opening
Of the Court al Chambers, Mr. Isaiah 7. Williams APP
pcared bsors Judge sutherland and asked for order
% show cause returnabe Monday The l3th why the
writ OF mandamus should not he set aside and vaeae,
srd Why al proceedings upon said writ and all compli-
snce herewith and all obedience thereto should NOT 10
stayed until The hearing and determination OF the
s.osicn The application was founded upon the wrii.
che afndsvit upon which II allowed and npon the
pagers and records referred 10 the writ and aaday
enA upon an AFFIDAVIT made by Mr. Williams stating that
ahe writ had besn issued poyf without notice 70 The
rsspcndent the Corporation Counsel any person on
abe part Of the Corporation
seRf the paper which he held In his hand, witch pnr
postes TO be pcrcmptovy writ Of msndsmus hut whrh
"a more IN the form OF order Of Judge Cham
Gers wss 20 extraordinary In mandatory clause that
s impossible 70 regard II other than with suspicion
= held copies Of the documents " which rsisrsncs
made IN the writ by way OF recital, In his hand and
~ coy 70 cal tss attention Of Vie covu " lnsm "