New-York tribune., 1868-07-01
THE COURTS.
rnrn NNAR
THE GREAT ERIE WAR, covr,pMrp
,,, opnRR Appointing RECEIVER CONFii,1is COM C.sP
THE TnDGE oEDDE a. iNGRAHAM DIssENTsTii1E CNSE or
1870 'oDu ,,+T,cr NEUTRALITY-SUSPICIOUS. VI

IhE UnlIn 1Io.l1In, RECEIVER CONFIRMED
STuDGE INGRAHAM DlsSLNlI,oo,st,,,pNr OF
BRFoRE JUDGE BARNARD-I,Uor
TIE DIRECTORS FOR COM l5Ni Ni,,,oin+ino Mr.
The order of Judge Bai te proceeds Of the sale Of
&c issue of Ere Railway stoIh, sn1rcne Court, the
terday by the SeiTed by Judge CaTdozo wo m to t6e
ci tbe 0nestOn raised by Inv Judge Clerke in the
effect of the n9Titpev the venue OF when was laIT ~
stSr County, eljomg any INV Of the suits That in
ever ny an3cr he considered absoley 6, md he said
9ieh lawfully iat order "whether considered
Win gyrrence to the sngulanty m anu j ,ssTed by a
Visions OF tIs district in action traDe IN S'eu1hn 3
ynaso' venture assert has 10 pieOeeaS pieOeGe lv the
ConnS Jurisdiction OF this kind was eNercseu " o
books C6onceTy in this state In respect 10 S causS
o"ding h that Court ana ciIeu Cses W "a ,"necessorv
Pnroreedng was held D0th improper 1,tI anu Lyy Iek
ia that the proper remedy was on apptSa0U p edSed ~
don TO be admitted to the oid sul 96tiop nm Chan.
- some length show thatthe OLD Jullsuetn the m Tact
So 70 restrain suits at law arose lIOhl tio oi;f i
that the courts could IUS 20 saw that the idea that
e by such maneuvers as have been resoreu 10 & nSI
s hc Withdrawn from one judge or TINS court anu
nossession Of by another; that thus one Juuge VI t @
and no other powers practically prevent ms nsSov
Ate from exercising his judicial funchons tha mus e %
parties fear that unfayorable decOn is apo1V ~ &c
The case and that thus decision Of the suit may nay
be constantly and indefinitely postponed az '1o 10
win of one of the htgants only, deserves 10
be noticed as being a curiosity in Legal tacuvs'
remarkable exhibition or lnVehuNe ~ SSitths ti{s
=
extraordinarily conducted litigation, sancuohiihg az
temuf 10 coueract the orders Of each other IN the prog
ress of the sut confess is aud starting 10 uS'
had no existence in the practice of the court OF We
was recently q member, where the judges are not Only
gentlemen having confidence each other never ascrO
g Improper motives judicial action TO either OF their
associates aud never permitting any one to impue su
30 either before the other but are scrupu0usy caI
that the conduct OF every legal proceeding shal
bo due and orderly, and trust thaU We
have seen the last in this high tribunal OF such
practices as this case has exhibited No apprehension,
real fauced that Judge is about either nnocenty
or wilfuly to DO wrong, can paate lnuch less Justy
II For any such wrong there are abundant means OF re-
dress and To those unaded by judges in such artces as
have been attempted in these proceedings everybody
thOuld be left 20 resort" -
Jndge Barnard coneurred with Judge Cardozo ,
Judge ngraham, dissenting held that the sSrlSe a
the papers on the l4th OF March, director INT oh
more then in the custody OF the Sheriff. was lnYaI9
"a service upon the Company. with regard
IA the order Of the I6h he held that the proceeding was
regular executing Judge Clerke's injunction ana thhI
nIfl N was vacated it was binding upon ue par
of the First Judicial District vacatng or mOuyng an
order entered OF the Seventh Judicial Dlstel lres
nar ne held that the order appealed from sOuu DC I
versed Peter i. SWeeny has been substituted Us
receiver In place of George A. Osgood. -, -
In the Erie contempt proceedings, judge BaTusu ytS
tsriay adiudged that six of the Directors, Lane IL
dTdge Davis Thompson, Dlven, and skldmore we're
Sufv of "A technical contempt, and would be nned $40
esch and stand committed until il was paid AS 70 t9
ether two Messrs. Fisk aud Gould, and az 20
whom, he had been Juolclaly LhioI
noeeeduQs for contempt also To be Jakel he Iu
~ Come To definite conclusion. Afdayts as 70 the
proper amount Of ne and points as 70 the eect VI @
Eicrt's order excuse, might De suDmlteu peloo
he neXt adjourned day. The proceedings were lhe au
iourneG TO July 10 at II a. ~