Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-01-16


| belonging to said corporation, liable to be
wasted OF improperly used, etc., especially
the books, property and effects in the hands
or control of said Alden and Sheridan,
and held for the further order Of this court.
That said Alden be enjoined from any fur
| thef acts as Mayor especially from dis
missing said suit in the Supreme Court, or
interfering with il in any way, so that said
Brown may have It heard and tried upon
lis merits ia said Supreme Court.
That said Sheridan be enioined from
collecting any taxes, etc, until his bond is
fully made good and approved by this
court. t
That said Stone, Davis and Spar
ling be further enioined from acting, or In
any manner enforcing or attempting to
enforce said Metropolitan Police force,
until the further order Of this court, espe-
cially while said injunction is pending in
the Supreme Court.
And that they, the said Alden, and all 9th
ers, be enioined from moleating or in any
way attempting 10 hinder the said w. Matt.
Brown assach Mayor, from assuming hisdu-
ties as such, until his successor shall be duly
elected and qualified, and that said Urea
surer be enjoined from paying any draft
or check from or for said Commissioners or
either Of them, or for the use of any po-
licemen under their supervision oremploy,
or any check or draft from or on behalf
OF said Alden as such Mayor also from
paying said Cook or Allen any amounts
claimed for services, etc., neither being
entitled to receive the same, and upon the
hearing each and all of said Offices be de-
clared void, and that an account be ORE
dered so as to ascertain what amount of
money, property, etc, have been received
by said Metropolitan Police Commission
ers and force, and the said Alden, Allen,
Cook and all Others, unlawiully and inn
properly, and the same refunded, etc.
To this end let copy and subpoena is
sue, each and all answer on oath fully, as
he is specially subject to to be held Ii
able, ETC., together with said attachment
and injunction. If your Honor should be
of the opinion that the Injunction should
not be as broad as here prayed for generally,
or specifically, then we pray for such in
junction, attachment, ETC., as the facts of
the case as herein presented may de-
mand.
This and all such other, further, special
and general relief, as to your Honor may
seem meet, compatible with the facts
and the law and equity of the casue. This
Is the first application for an injunction in
this cause, to the knowledge of the relator,
except as herein stated, and now in the
Supreme Court, as in duty bound, etc.
Nj. M. BRIEN, ST., Sol.
STATE OF TENNESSEE, Davidson County,
ss-This day, NJ. M. Brien, the relator
made oath that the above bill is true to the
best Of his information, knowledge and be-
lief. eE
Subscribed and sworn to before me, this
18th January, 1868.
' M. NJ. BRIEN, Sr.
W. II. WILKINSON, j. p.
To the Chancellors: If this injunction or
attachment or any part is refused, please
give Your reasons, etc.
NJ. NJ. BRIEN, ST..
January Ia, 1868. g.
The injunction and attachment in this
cause ia refused, for reasons accompany
ing. -
HORACE II. HARRISON,
Chancellor 18th Chancery Division.
January Is, 1888.
Ia support of the application to His
Honor, Chancellor Harrison, for an attach
mept, Injunction, etc., against Mai. A.. Z.
Alden, b. j. Sheridan, ct ais. also against |
Stone, ct ais, az the Metropolitan Police |
Commissioners, etc., in the name of the
State, by NJ. NJ. Brien, relator, on behalf
OF himself, as citizen of the corporation,
a taxpayer, etc, as well as for all other
citizens similarly situated
lst. An application for an attachment
and injunction is e1 parte, all the state
ments, allegations and charges, made under
oath, are regarded as true, and stand az
facts until decided by answer Rutherford
gs. Metcalf, 5 Hum. Rep, $3.50. Then we
start out with the bill as true.
The bill is properly conceived as against
all parties. 1t is in the name of the State,
against A. E. Alden, ct als., framed under
title 2, art 2, chap. 8 of the Code of Ten
nessee, commencing on page 629 Section
3409. IAN action lies under the provisions
of this chapter, in the name of the State,
against the person or corporation offending
in the following causes:
list. Whenever any person unIdWfttlly
holds or exercises any public Office or fran
chise within the State, or ana Office In anu
corporation created by laws of the State.
I'D. Whenever any public officer has
done, or suffered to be done, any act which
worketh q forfeiture of his office.
Sec 5. Or exercises powers not conferred
by law. Sec. 9. Or fail TO exercise powers
conferred by law, and essential to the cor-
porate existence"
Then by section 34l0, same chapter, a
part as follows: "Such officers may be re-
moved upon proof of misconduct or to
prevent malversations, peeulations and
waste, and to secure the funds for the benz
cit Of those interested, and generally to COM
pei faithful performance of duty"
Now remember, and which you will
ind upon an examination of the bill are
substantially charged, and in some in
stances in the identical language of the
statute, and as to this application, are TO be
regarded as true.
This chapter of the Code seemed TO con-
template just such state of affairs such
Outrages, such assumptions to Office, when
not eligible, by force and fraud, and then
TO divide out and waste the funds of the
corporation by and between nsurpers,
fraudulent, irresponsible persons, to the
great detriment of the corporation and
the citizens, taxpayers, etc. To re-
lieve such a state of things this law was
passed; for this ting relator files this bill
in equity, as presented by section 34II.
The (bilD suit is brought by bill in
equity in the Circuit or Chancery Court"
By section 34l2, it may be brought by
the Attorney General, etc; or, by section
S4l3, by relator, az in this case, by giving
security, ETC., for cash. The relator in this
case chose to bring it under section 34l3
and be responsible himself for all cost and
damages; and as such re.ator stated his
interest as in section 34l4.
The bill, it will be seen, substantially
conforms to section 34l5, and has set forth
briefly, without regard to technical forms,
the grounds upon which the suit is predi.
Gated that it shall be conducted as other
suits in equity.
Then the Chancellor, by section 34I7, ia
authorized, upon the filing of such bill
properly receipted, to grant attachment,
injunction, appoint receivers, and make sll
necessary orders, so as TO save the finds,
aad save the Office, etc. For this, this bill,
and his Honor, the Chancellor, is appealed
TO. Can he or will he dare refuse it?
Then it is further provided by section 34l9,
that when brought, as in this case, in one
aspect, for unlawfully usurping an Office by
M.vor Ida, tho r,aroor, looya liz ortiflad