The New York herald., 1868-08-19
NEW YORK CITY.
TIE COURTS.
SUPREME CouRT-CnAMBeas.

The COunc:innnic Violation Of ManGanaus-
Attachments Issued Against the Members
Of the Board.
Before Judge Barnard
O'Brten, Lamb, Perlev, Heinrfct and loans, Re
lators us. The Board or C0unciln,en or the Ctty O
Ne,o FORK, Respondents. SIN the early part of th'
present month an application for mandamus wa
made by these relators, who claim to have beer
regularly elected Councilmen OF this city, requiring
the Board Of Councilmen to admit them to the full
exercise OF their duties and privileges, the Board
ha'in8 previously refused to recognize them. The
appncatlon was not opposed and mandamus was
gianieu. Az subsequent meeting OF the Board the
fon naaas was dasobeyed, the REALTORS demand
ior adhlission was ignored and the matter re-
ierred by the Board 70 the Corporation Counsel for
ms 0p,hon; several days since Mr.. OGorman
forming them that the REALTORS were legally and
properly entitled to admissions that the man
dainus was properly issIed, and that the refusal Of
the respondents to obey 1t would subject them to
imprisonment or other punishment. The writ of
mandamus was returnabse on the 18th instant and
and It's subsequent violation, and on the certificate
OF Richard G. Beamish, clerk ut Chambers that no
return mad been filed, Ira shafer, counsel for the
REALTORS applied to the court for attachment against
the members Of the Board. Judge Barnard directed
that non.baiable attachments, returnable forthwith
be issued against the Respondents and Is probable
that by the time this report Is in print large ma
Jority OF the members OF the Board OF COuncilmen
will be either out OF the city in durance vile. The
tableau about the City Hall will probably be COM
posed largely of flying Councilmen, with pursuing
Deputy Sherfs In their wake.
The Credit IObilier md Pncinc Railroad
Suit-Attachment Vacated.
James FISK, Jr., rs. The linton Pacific Railroad
Company ana TIE Credn Mobilter or Anerica-
An attachment was recently Issued in this case
against witness named Tuttle for failure to appear
before the referee to give testimony to be used
against the defendants on the plaintiffs motion to
continue the original injunction. Yesterday morning
the case came up on q motion to vacate the attach
ment, on the ground that this court had not juris-
diction and that the United States courts alone
had cognzance. The motion was opposed on
the ground that this would apply only so
far as the defendant the Union Pacific Railroad, was
concerned, that corporation having been chartered
by the act of Congress, while the other defendant
was Incorporated under the laws OF the state Of
Pennsylvania. Mr.. Field appeared for the plaintiff
and Mr. Fullerton for the defendants, and after arg-
ment the court granted an order to show cause
returnable this morning, why the attachment
should not be set aside, at which time 1t was also
understood that q motion for the removal of the
cause for trial to the United States Court and for in
junction and receiver would be heard. While cOun-
sci were engaged in private conversation Of the
defendants attorneys and said he supposed the
attachment was set aside, and handed paper to the
court, which was returned with an endorsement va
eating the order The affair astOnished some Of the
counsel.