The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-01
LEGAL INTELLIGENCE.


The case OF Lew Fenton vs. Ihc Union rassen ger
hailway Company OF PhiIadelOhla, ct al, was
called this morning About three weeks AGO an
Application for au injunction was made. and the
are ument fixed tor this morning ~
Juogc Porter, " j. McE roy, and G. Stuart Pat
tersOn, ESqs appeared Tor the COmplalnants; and
John OBYrne spencer Miller, q. w BiddIe
Esqs., iOr the delendans.
h. spencer Miller, teq said that an application
Tor an injunction requires caTetu consideration and
PREPARATION. 1t Is II matter Of Importance to the
puODcJ as well aS to curse
1t was on Friday last that l first saw tho deposi.
u0Ls in this case and tnen only the proof of Dnr.
tlon OF them was tod that many other pages
we're 10 toOW. We think that, IN the ordinary ru les
winch govern such applications, we ought to have
an OPT ortuDity OF looking al the afdavts and pre-.
paIlng counier atidavts. The ordinary practice in
tins Court when an affidavit comes in is to give
httle time Tor examination, and for filing affidavts
We ask an opportunity to understand the ouest,on
IN order TO determine whether there is "a nuisance
We ask time TO exam ne these dispositions carefully
Some afhdavits were submit ed 10 us this mornlng
and portions oil them on Friday last. l mad bnt
twenty-four pages of tnem.
Mr.. O'Byrne-There are forty-seven pages alto.
geher.
The Court-This application was postponed week
before last until to-day, on account of my engage.
Mr.. Miller-We do not ask for a long period. NO
merely ask tune TO confer together. ''
he Couft-Let me say, at this moment "a On no
into Court this morning found addressed TO ma n
paper, which have not reau. 1t is IN reference TO
the case now pending before me, with some extracts
IRON newspapers accompanying 1t, do not think
1t IS rR1t for me to receve such paper directed
1t to be filed in this case and be opened TO the IN
specton OF t1G counsel of 10th sides, and to auy
person who desires to see it.
Judge Porter-inis UIil WIS filed and served some.
thing IKE ten days ago. rhe defendants nave had
tnese ten days know 1t Is q case of conslderabIe
importance, and we have no e,ire to luL them up
think 1t very erroneous notion If sucD tbev bove
that the sabbath cou occur within five DAYS from
to day.
The CouIt-I propose to grant a reasonable t,mo
to examine the athdaVils. propose to let the de-
tendants have until Thursday for that purpose.
MIR. Miller! woulu ask that your Honor would
give us until Monday next.
The C1urL-i cannot agree to that.
holders bill, which has been c0ncurred IN hv t1a
defendants. The President of the Company desires
me TO inform your Honor that far as he knows
ali the manager. OF the road are ignorant of The
communication lett on our table.
The Court replied tnat he had no doubt oft.
The argument was then postponed TO Thursday
The following is a copy of the stockholders Lii
referred to by MIR. O'BYrne:-
To the Honorable Judges OF said Court-Your ora.
tor complains ana says:-
First That he q stockholder of the Union Pas
sepRer Railway Company of Philadelphia, one of
the defendants heren being the no der of five shares
OF the capital stock of the said Company and tnsI
he brings this bill as well Tor himself as Tor such
other stockholders in sald Company as may desire
TO unite with him therein.
. Second. BY an Act ofthe General Assembly of tina
day of April 1854 and its supp ements the persons
therein named with their associates and successors
organized, and are acting such under the name
fnd te Of the Union PASSENGER Railway Company Of
act biT ana tS S Ss1PPde%ents Pd granted ana Sonerred
the business drumming their and carrying passen
gers or hire ON and over their said railway in the CITY
called SUNDAY, in violation of the laws OF this Common
SDse ana oS TerS 70 carry on and continue the said
ESnIta' The sad DEFENDANTS have your orator ia
States OF the Executive ne ne United
city Philadelphia on ann SyeT h IN ana through the
ehOnea @ IN said acts Of Assembly, OF on and over soms
ing said mas SarFes 1Hsregl Sba are carry
Of ihe HaiS aSN1 no lawful nu hority under the cbarter
ply or o. any law Whatsoever enter into or ssI9
Eth BY reason Of the said unlawful act, Of .n =,
way Company Pnadephla has ooms ~ Pp9ssenger Rail-
Sodfs as Ups aS TT al b $ % other
sgd e bsrg OF MS GnG their stock in said Co
wherefore your GATOR needs equitable relief and bo
mat It may be decrced and declared tina, ,h0
the said oelenaants IN running their cars on the a
in entering into contract carving Inc ma' nTs' and
unlawful and that such contract invalid and Vois are
Z. That an Injunction may be Issued, restrainin1 A.
defendants, their officers conductors aud agents tne
rt day Of the week commonly cal ed sSnSon SSis on the
from doing any act whatsoever under by reason S
or any Of them them 0d for the 5rfSry carving Of the mails
LEVI KENToN.
United states District Court ,Judges Csd.
walader and Grier To-day this Court sat IN order
to commence the business OF the October term The
Julles have not been emDanel cd as yet. The morn.
of caees '
District COurt-JUdge Stroud - William
Painter Co vs. Gilbert Adams. Action to re-
cover the amount OF certain moneys paid by
Painter Co for Adams for 100 shares of Egbert
stock and the difference in the valuation of S50o0
in American gold, with an unsettled amount between
them OF $6l SS. TLere was no defense and the ysr
dict was rendered for plaintiff for S8088 6I
on book account. On trial
District COurt-JudRe Hare-Conrad A
Krans VS.. George Atkins & Co, defendants ana
BuckDor, MoCammon & Co, garnisnees An
attachment execution to recover money in the
hands of the garnishees Verdict for defendants
ID. Robinson Il Co VS.. BENJAMIN p Wnrley
Defendant authorized plaintiffs to purchase ceStein
stock on his account, when they did. He rea,sed
10 take the stock, and this action was bromSbt 10
IecOver the amount they thus paid on deIendant's
account. Verdict for plaintiffs Sll3l 86
WAddinRtOn Son VS.. John X Kporr Ad
MINIS minlstrator OF "a ANDREW n Knorr An action on