New-York tribune., 1867-05-18
CIVIL COURTS.
COUl

SUPREME COURT-CHAMBERs- Before Mr.. Justice
SUTHERLAND
TIE WOOD LEASES ONCE MOKE-ME. CoNNoILY's Al
FIDAVTT-WHAT MIR. WOOD CONSIDEI;S A RI
The People .r REL Fernando Wood at r. B. Co1noy Controller
This is a renewal of the argument deferred from
last Tuesday, TO give the nominal defendant an op-
Mr.. Connolly had requested him 10 procure the man
aamus.
PENDANTS ready.
Mr.. Allen behalf of the relator stated that he had
understood that Mr. Williams intended TO make motion
in the suit Of The City ag Wood for renewal Of the in.
junction vacated by Mr. Justice Barnard. He should
them. The original affidavit which this motion was
formed. not served on them till after Mr. Shea had
left the city The affidavit which he understood to have
been made ny Mr. Connolly had not been by Mr. Shea
as he was still absent from town, by Mr. Wood nc
had gone 10 Europe. What he asked that the argu
nent DE postponed had previously Ohlgc the
other side, TO give Mr. shea an opportunity TO he heard in
explanation OF the matter. He present at the inter
between Mr. Wood and Mr.. Connolly, to which both
had made affidavit He (counse was willing 10 submit
the papers, with leave to subsequently file the affidavit OF
Mr. Shea, adjourn the argument as he should prefer
to give Mr. Shea an opportunity Of being heard.
Mr.. OGOrman said: On the part OF the city cannot
consent TO this application This Is motion to set aside
peremptory mandanns an exercise of the most extreme
aud most sudden jurisdiction Of the court and which
an order directing Mr. Connolly 10 execute these leases
and so divide m effect the issues i'm the case i'm favor of
the defendant consider this practice involving most
dangerous principle and consider that would be doing
injustice TO the city which represent aud 10 the pro-
fesson OF which am member n by any consent ac-
eeded to the idea that such practice should in the future
become usual because OF precedent made on this occas
ION may be allowed few moments 20 state what is
the present condition o the case Of the Mayor ag Wood
which was commenced by the fling OF "A complaint some
long time since. and also an injunction whereby the Con-
trOcr eDjoned from executing these leases In that
su the object 20 tender TO the defendant in this
fair and legitimate issue, and give him fair Opportun
y dsproving he could, certain allegations clearly
ana point blank set FORTH which would in law and fact
proved avoid those leases. My object that fair and
perfect justice should be done between the city and the
defendant Mr. Wood Time sought by the counsel or
attorney for Mr. Wood
Mr. Allen: what Damei II was not by me-
Mr. OGOrman-One of the chief difficulties lu this case
has been that il exceedingly difficult 10 determine
who are the counsel the other side Lately have
counsel visiby speaking for the defendant who
denied that ne appeared for him BY singular accident
time granted first 40 then 20 days 10 the defendant
10 answer and yet all this time nobody actually formally
appeared for him. and not until the counsel for the
City refused further extend the time to that
any gentleman formally appeared.
Mr.. Allen-I suppose Mr.. Shea IL the attorney.
Mr.. OGorman-I entirely unable To say Then 20
days further me without any obtained, and
after all this delay the Is not yet in. SO the issue,
fairly rendered " the defendalt to have the question