The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-03
SUPREME CouRI-cAAmBERs.

STEPHEN r. Waterbury rs r. u. Ross, ct dl-Ths is
the action which instituted about weeks since
for the dissolution Of the Merchants Union Express
Company charging with extravaganza bribery. inso
vency &c, and asking for the appointment OF a
ceiver In early stage Of the the plaintiff OBJ
tanned order from the Court for the examination
OF the defendants the testimony to be used the
motion for tho appointments of o receiver On Monday
made returnable Monday next, why the
order previously granted to the plaintiff should
not be SGT aside on the ground that the defond::
ants had never refused to appear for the purposes OF
such examination, but the contrary, perfectly
willing TO appear. The plaintiff evincing remarkable
pertnacity and energy then obtained order TO show
capse made returnable yesterday why the defendants
order to show cause for Monday next should not be
0 no ess than On mn,
discussed during the argument The fourth order
an INJUNCTION issued by the Supreme Court of Onon-
daga county, at the suit Of the Treasurer OF the Mer
chants Union Express Company, against Stephen c.
Waterbury, the paintn in the resent suit and others
The following Is an abstract Of this Injunction
SUPREME CounT- william C. Beardsy, Treasurer. &c. al
e. sSsHa d eaS s. E,,f . os pa & rs S T.
stephen T.. Waterbury John " Knapp others;
Ter or oasag srow @ he
he business aSs any s Se said M ns Y
press Company. to nJufe affect its credit impair
VIII The said lat aaned company IS odcers or agents q
the business Of the said last named company until tae fur
lie ROY MORGAN, Justice Supreme Court, n. Y.
This order of injunction was served upon the partes
yesterday morning, and il became necessary TO make
disposition Of before proceeding with the motion
under consideration. Mr. Justice Barnard held the
injunction 10 have been granted by the Court at SYRIA
ignorance Of the proceedings already instituted
in the CRY end county OF New York, as an inner
tinouce ana vacated il the purpose Of pres
ent molten was concerned fhe following affidavit
then read in support OF the notion
New YoRK SUPREME CouRr-S p. Waterbury e. r. p
Ros a@- a"d Gos nc o. Mu York -Robsrt s. Greens
being day ssoTh on ms pa1n saysmon the s5th DAY OF
w% Bsar{5sjsy Ta ssSasa Tap
the said persons AZ the said time and place and requested
OF them their dispositions be used the motion ia this
who @ them agreed to give ;as 5sno
u eleven O'Clock that sae appointment ssencd
Ssss f!%sSs and Ssyia Z
pany at the city OF New York and made similar demand
upon them and they through said Mr. Pierce agreed to
the morning OF the said Eth OF June 1861 eleven O'Clock.
and further that the said upon whom such demand
ROBERT s. GREEN
An affidavit by Mr. Traphagen read, which set
forth in substance 9th June utimo, James
Office who to have been there present for the pur
pose OF giving their dispositions; but that instead OF
them Mr. Pierce appeared and postponed the matter I'll
the following day; that at that time Mr. Pierce and
judges Allen Comsock appeared and offered To fur
nish the aldavts OF defendants II plaintiffs attorneys
would state the points on which they desired them
to be drawn. On behalf OF the defendants IL
was held that the Code provided only Tor
AN examination OF this kind where the parties
had refused furnish make the affidavit and that
the defendants in tho present instance were not un"i
ling, but on the contrary. we're perfectly willing 10
give them Mr. Brady contended that the offer alluded
10 IN the affidavit OF Mr. rraphaqcn virtually and IN
effect a refusal, a. IL could not be reasonably sup
posed that the plaintiff would consent that ahdavs for
his purposes should be drawn by the defendants their
counsel After considerable argument the Court con-
nrmed the order drec ing the reference TO 60 ON on
Mr. Brady. M. Lowrey and Mr.. Traphagen Cor The
plaintiff Mr.. sewell aud Mr.. Pierce for the defend
ants
The Pubiic Wharves aud Piers Can Only be
Leased nj Public Auction.
Before Judge Peckham.
Rass,I ,NtTgs The Mayor, DC, If Noe YORK.
The plaintiff has for time past been The lessee OF
piers Nos - and H. North river asd his lease having
expired May J. 1867 the Comptroller advertised FOR pro-
posas for the lease OF the piers for the Of
year Mr.. Surgis then made application 10 the Com
mssiouers OF the sinking FUND. stating that he had
expended considerable sum Of money making re-
20 the piers during The time for which he has held
them. and asking Tho Commissioners to hive them
withdrawn from public competition for the lease
hald AID that they might be reserved 20
him AT Tie rate he has hitherto
maid The Commissioners subsequently ordered
ino piers in question to bs withdrawn from public
competition, but the Comptroller FILLED TO acSede - the
proposition. ana about letting them TO the highest
bidder when Sturys obtained temporary order OF ia.
junction from the the Comptroller from
doing. Tbe before NE court yesterday
Ar ;S - J'Hn n .uu S M s,,s ~ ,s @
troer aud the Corporation, opross THIS motion aud
ra"ns sa, n 10 nrosied in The hayer tnat an nnb,,c
s , 49,, y nI, ~, 1.asc ,s ~. ss~rs, ,iss
thai leases shall be awarded at public auction aud
thai Commissioners Of the Sinking Fund have
power dispose OF them otherwise fhe granted
IN order dissolving the injunction. Eor the paintiG
Barnes, Butler 4 Parsons
Novel Divorce Casc-Substitution Of Al.
torney.
Br~sc~ ~. Bro~soa This Is an action brought for
by the husband against tho wife, the ground
M cruel and inhumsu treatment The case was tried
!, ~ .,,-. -,
BEFORE W. d. AcAey rs referee ana Juagmen' rendered.
in favor OF the plaintiff. Yesterday motion made
e,ore This court for the Of another
:, -, :, 49, -,
IN pace o. ~ W. N. hehef wno mas up !" tue present
time been retained counsel to Hannah Bronson; the
defendant, the ground til he inefficient had
abandoned the OF his client &c II appeared that
ary and MT Keller moved for the dismissal Of the com