The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-10-10

n ss ~ ne esrk o. the s9 Council
ssnds s sSa esnss and BEEN fas1 wsn the
transactions thereof for more than one year past;
William =. HavemsysE. made in the above entltied
aouon on the ID day Of October, 1871; that ne Is
UPON miormanon ana belief against the defendant
zngMsolL true or false: but thus deponent says
that Y any moneys have been fraudulently received
ssceisins sSsrsof has been Without any comslna
said Common Council to dspoDents MowIsdS sS
ana deponont further says that no application or
OIL. or to the Mayor, Aldermen and CommonaiT Of
sne Guy "a New YORK elmer oy the plaintiff IN this
similarly 70 seps so
aleeed " the said snidsvits 70 have been fraudu-
) And deDOnent further says that the said Common
Council, and the said Mayor, Aldermen and Conn
any steps TO recover back any moneys fraudu-
county treasury, but that on Ehe contrary tney have
g sSsS. :1 sas ga : s 9ss
sa Ga a., s: sss ss'H'ss III: s' so ss1a
g. ea. ana proper . back any s' sas
~ monsys Hhioh may have been Obtained nom the
n, = Sl..s- sss--l'~ JOHN HARDY.
c sssss e. sas5 Rs SsS s.S fsss
Hssw Y5kf surs.ss SoUsr.-ew liam. = Haze
o0@s Guy ana do,snsv Of Nsso rork. ss.-1os s,
B. Young. Of she city Of New York, being duly
Of the County Of New YORK. Snc S os
such has attended the meetings and been well
s. ssS Board a Ssn gssss
that n has read the andavit OF Mr. Havemeyer, the
s me o. snuGa as made
ns S Of a1d ma IN
received nom or ont OF the public treasury Of the
% Or sv sS9n p s' 3 s Ss Sssn n'v e
obtained without any combination or collusion
g depcSens inowlsdse; and deponent further
says that no application or request has been made
ie s sS scoo o. ~ 1g ss oy the plain
oohalf Of any others similarly situated to recover,
or teke any steps 70 recover back the money al
legged In the said amdav1t TO have been fraudulenty
And TINS Ieponens further says Of his own knowl.
asss g Of omitted or N
oSsa,nsd Or rsesived ont q the CITY or county
Treasury; but that on the contrary they nave been
nS ana IN o2s1 g
determine whether any and, II any what cause OF
s haze "a the SET forth in
spects taxing al steps which are proper and right
g recover back any and al moneys which may
county q New York, In the manner alleged IN the
swoln before me this TIN day OF OCTOBER IS91G
z. C0MPToN, Noeary Public. New York county.
AndUnNT or COUNSEL
NJ FuLL1sEos-In sddllion 70 the an1davits Just
for the purpose Of informing Your Honor what he
alss aoas o. NOT done " regard g TINS complaint;
el0rt on hts part has been made TO recover It back
be here depends entirely upon the neglect Of the
Counsel 20 the Corporation to enforce the remedies
nas any right :, al but il he has it is only on the
theory that the Counsel for the Corporation has
the rsaintiG has ne right let Us see upon what this
summons has been issued. Let US see whether 1t Is
Cour Mr. has Osen sent
Tor ana a. soon as ne comes win be ready for ex-
animation.
Judge ISeRAHAx-I suppose Mr.. O'Gorman can
IT. FuILsRroN-Mr. O'Gorman is unwilling to
Judge IEGRAHAM-I do not see why he should not
be willing 70 make an affidavit. the examination
M. FUIIxRros--I know It is not customary.
Neither is It customary TO begin an action IN this
S ss fsSs 70 90 D
Havemeyer. Let US see who are those defendants
upon whom they have tried In vain 70 serve the
gersoi and the Mayor, Aldermen and Commonaty,
and Board OF Supervisors a. defendants. So the
title refers those only But they ask that this de-
PENDANT Ingcrsoll De sworn and bis books OF &C.
c0unts be examined, In order 10 prepare the COM
plant herein and state that they bring this action In
the capacity stated the caption for the purpose OF
recovering from the defendant nearly So 100 for
sne benct OF the citizens and taxpayers, which the
iently obtained rom the city and county OF New
York, ana which the other defendants wlfully and
,colruSiveiy neglected TO take steps TO recover
back. (lr. Fullerton here read the affidavit
stated in this anidayit as Your Honor WIN
perceive, that such examination, as deponent
- advised, 10 essential 70 proper preparation OF
enc complaint herein and 10 enable the deponent to
bring additional parties defendants and 10 make
me application IL NOT only To enable the parties to
frumo complaint, but 10. enable them to frame
complaint IN q cause which they have not vet COM
menced: There Y nothing In TINS complaint to IN
dcfentans. They do not say Jonn Doe
and Richard Roe and others, whose names are
70 be supplied. They have commenced an action,
and from thia summons We know VINO the defend
morally and the Board OF Supervisors OF the county
Of New York. Now In the afidavit they disclose the
tect that they wanttO commence new action and
70 make other afl1davits they cannot add Q de-
fsSnvsns Q That summons without leave OF the
Dourt snd therefore We argue that this application
cc:on bus sE g Sss at facts 70 enable them TO
-. AN AcrIox AGAINST THE PROPER PARTIES;
ma Ssen concerning that they had right 10 bring
tno uoIenuAW into c0urt. unoer the 3gist section
oI sne voqe LOT the purpose Of getting facts They
Darpcse snSdow 1e ryan, ann % bring him here for the
1onor wiz regard the summons q read