The New York herald., 1867-05-15
SUPREME CoURT-CHAMBeRs.

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1f SUPREME CoURT-CHAmBeRs.
The Fernando Wood Lease-Argument ON the
Morton 60 vacnte the Peremptory Writ Of
Mandamus.
Before Judge Sutherland.
The People rel. Fernando Wood vs Richard b.
Connolly Comptroller Tho argument In this case on the
motion vacate the percmptory writ OF mandamus d.
recng the Comptroller Of Fernando
Woods building in Nassau street. place before this
court yesterday.
Mr.. I. T. Williams, in moving TO set aside the writ,
spoke as folows--Our first objection to this writ Of
mandamus is that the paper served is without any
SEAL or without any ~ s." or any other indication that
1t ever had any SEAL In the second place. writ of this
character issue Of having the requisite
Jurisdiction II is impossible say from what
court this writ proceeds One George g. Barnard and
else, calls upon in this to stand and de-
liver repeat this paper does purport have been
Issued ont OF the Supreme Court The court and the
court sitting At Chambers, elsewhere have certain
Judge attempts to act beyond these he Is
powerless This writ is headed ~ The people
q The State Of New York Blu, the people never speak
court Tho writ goes on TO say, however ~ George G.
Barnard, do hereby command" &c assert that this
paper Ia destitute Of every element of writ II Is q
mere Chamber order of the Jud,e and nothing more;
and judge has no jurisdiction to make writ OF
Qamug in that manner Nr. Williams also objected to
the absence Of the attest and return to the writ.
Judge Aen appearing for the reator, replied as fol-
lows:-Now, sir the argument Of my friend has been
totally addressed to matters which matters OF
regularity he has read paper here which he has
termed writ Of mandamus and in which, after the
mandatory clause there is another clause which may be
regarded surplusaRe by jude Barnard. This latter
clause may suppose be stricken out entirely, and still
the writ mandatory upon Connolly be left valid. The
the other side said the papers handed to them
had no seal II is possible that II so, although
there is no evidence Of the fact; but hold that the
omission was of material importance. hold in my
hand the original writ with the seal Of the Court at
tacled to it, and the clerk of the court Is the cus0-
dian Of the SEAL sappose he IS responsible for s cor
Again, the counsel on the other side has said
that II lacks the attest and the proper Those
are matters Of rreRulay to be referred to in the
proper proper order, there is no affidavit or allegation
anywhere showing that it vas not issued
by Judge in Chambers and not in Court.
The Court would make this suggestion rs 1t seems
to be little pertinent There an affidavit presented
to when gave the order that this paper was made
without notice. could not avoid taking notice
the that the mandamus taken the Monday
after began sitting in Chambers.
Judge Alen--rhc attest Is on Monday.
The Court-The presumption Is that II was made whom
1t was dated. II is not regular attest As IL is made
since here cannot avoid seeing that 1t was not
made in Chambers was holding hambers on that day,
ana not Judge Barnard There afldavit that It
was made parte aud without notice. The presump-
ton was from that affidavit and the writ itself, that
was made out Of II IL made at the Circuit
say judges have to observe their regulations for
the performance Of their duties, and II should issue
mduuomus
although might be holding Circuit Court.
Judge Alen-Whesher your Honor he right In your
OF not nsrs no'hny m ~ saese papers which a
low that writ issued on the date which II bears
Your Honor has alluded to thfact that you sitting
Chambers the datc appended to this writ OF
damus. There Is no dispute about that But Judge
Barnard has been sitting in other courts and the Jurs
dcion of Judge sitting Special Term s the for
all purposes as that Of your Honor sitting here II
then but simple question Of regularity.
The Court-You DO mot mean 70 say that judge Of
hto mt nf n In rapa ANN
tory writ OF mandsmuss Such document would b
totally void The only question d how far infer
fore me.
Judge Alen-rf the writ were Issued in spscIs Term.
stiI writ ezpoyts without notice
The court-Bu. loo. 9 the importance o. that witt
what would DO my dutyf Have not yeu got to show
that II ID regular
Judge Alien--No, sir.
Judge Allen-I have an affidavit Of Mr. Wood in this
case. taken yesterday, which will now read
;. Ss Ses
s me n mr. Of dan Sssg dat: s "a. Ss n day q xs
and !. the suggestion Of Ss a.tspasns hs,sia
seope me- This ~h day Of Nay s H. V.
sRuNr, Commiss oner Of Deeds
Mr. Wood in this afndavt says that this is proceed
% IL S M has
lated his duty a. Comptroller Of tho city, there s .
process by which reach him II tas lease has been
city lost noshns for " the lease be void for fraud
any other reason the city y s protected we say
stand up and object hat that writ was granted ex pa
t having been granted At his request II IL stated that
had obtained an order 70 show cause and served 10
upon Mr. Connolly, and he had appeared and the order
granted then the court would have had Jurisdiction.
Now IL Mr. Connolly could be bound by thus appearing
he can certainly bind himself by this voluntary rc
quest 20 Mr. Wood 70 institute these proceedings
The Court-You have not yet shown why the writ Of
mandamus was not made out ~ Chamberx
r..y~ No osxlv trrouu sr{kv amA shA na1u
thing pointed OUT 10 that was OF par,e without notice
Every thing else IL stated 70 bs regular and have
o mr.
70 the further obcctons which they make against the
writ have commsned upon the objection % the seal.
The only defect s the omission put l. the paper
served Then, again, there 2 the objcctIon 70 the at
test We say that this date May O. 1857 and the
or Judge barnard Il IN Informal attest Of the writ
Neither the state the rules Of the prescribe any
particular attest We say that no writ would be sec
aside signed by sucha name, and with date, for want
Mr.. oiGormsn-If The Court please have no inssu.
ton Of taking any part In this discussion bat crcum
part of Jsdgs Allen vhsoh renders necsssary tha.
should interfere. An adavit purportng 70 have been
70 BY Mr. Wood and stating that this proceedns
TO which 10 object. nsstused the suggestion OF
s .sosehsr proper q ny jsdsmss, thar i 40 oppor.
,sss' sss - = ssss q. so: %.ss s s's
that anidavik I do net think that the
.o:s sy:s e.. .sgs s., ssy . %s:s g,s.
But a. coofcia Of Mr. Connolly believe there is an
error in this statement OF Mr. Wood. should be glad
Or opportany, By the permission Of Tho Court 70
lay the fncis before him. M -
rhe Couri--I think Mr. Connolly ought 10 nave
chance TO ropiy 70 this afndavit do not know how
material this aldavf Is n present. but IL may become
quite material 10 tbs course Of the prccscdinsh
Judge Asn-I agree 90 an adjournment for the pur-
pose OF giving Mr.. Connolly an opportunity OF making
counter ststsment on condition that copy Be served
Tne Cour, then adjournsd the cas- unn tomorrow At
twelve O'Clock. leNf tsN sN fmMrM F
supfMoA couar-TAAt rfhm-PART \
Ten Thousand Dollars Damages Clnfmcd
from Tive RaIIread Companies for Personal
Injurys #t sME
p~e.x~ r.s.~ u.A.-.