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

us =, Can't ,hss She recisals in the writ were utter
~ without f0updasion in fact But even II they
WiIlIsIns further held that thsrs Vas no pre-
tsncs dat che writ was allowed In open Cour.
b.. s cs n ssnsS By judge did not purpors 10
have bees signed BY clerk Of the court and the copy
he held his hand contained no indication that seal
had been ixed to the original 1t made provision for
any retnr 70 the writ by the respondent II cv-
dsnt that was expected that 1t would accomplish its
event its promoters would but little for re-
turn, without which 1t was not . writ but simply
an order, leaving the oices Who issued il wholly
one wers in pursuit. and hence WAS rsplete
paper had come into his hand Tuesday evening at
or near six sclock and that he informed that un-
stay vas granted before twelve O'Clock the leases
city TO the payment Of year ten years
for the Of rooms not occupied and wholly unit for
occupation, and which could he Informed by no
reasonable probability be made tit for occupation as
lawyers once. What the city asked for he said was
an opporunItyto be heard before being compelled to
pay, for useful purpose sum which, in the aggre-
gate, would amount to $4,000
The Court granted the order, with the stay OF which
the following u copy
ss e. . EoS e ri, g SSsnny ssspse sGpon
ne asidavt upoa which the was founded upon
ss % .n snd s PsSsss sx IN said w and
s ns selapr ss'w before this co9 e the chsm
and vacaed and in the until the hearing and
decision Of such motion let all proceedings said and
all compliance Herewith and obedience thereto Be stayed
JOSHUA SUTHERLAND
Justice OF the supreme Court.
Ar CHAMBERS, May ., 1867.
This order counsel succeeded in serving upon tho Comp
tFoler before the leases delivered though not
until they had bsen prepared and actually signed by the
The matter win probably DO heard before this court
ON It's merits, on Monday next
The Hacxley Street Sweeping Contract-The
Right Of Action for Damages.
Before Judge sutherland.
Charles Deriia Hope assd otAsrs.-This came
before the court yesterday under the following crcum
stances:-The action, which was commenced several
years ago. and the right which assigned Devln
By Hackiey, stayed by order appointing Cyrus
Curtiss receiver. Aprovision inserted in the
order appointing him receiver authorizing him
ceive the moneys due the contract and empowering
him to for the recovery Of any and all damages
losses accrung from the Of the original
agreement Cyrus Curtss, as receiver never took any
legal action under the latter clause Of the order and Mr.
Devln subsequently instituted action the Court OF
Common Pleas claiming 100000 damages for the
breach Of agreement. referee appointed in that
action to hear aud decide the issues andhe Corporation
Counsel then procured stay OF proceedings on the
ground that the receiver was the only person entitled TO
bring such an action subsequently 70 the Issuing of
this latter order order issued by Mr.. Justice
Leonard OF the Supreme Court strike out that
ton of the order only which authorized the receiver to
bring the suit for damages.
The motion yesterday before this court was made 10
set aside the order ISSUED by Judge Leonard Decision
reserved