The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-11

QpOn the receiver yesterday, was utCte-
sary 70 serve them 81 ell. All the papers were regu
larry served upon the attorneys los the opposing
Mt oGorman said the receiver VA IN court at the
peril OF his life and that the Importance Of the mo-
ton reason why 1t should not be hastily brought
on. We had heard . good deal OF the laws delays,
little speed" and In view OF the importance OF the
case he thought IL was not asking too much TO act
deLberately ana that one side should not nave the
Judge Cardozo said he was disposed a. far as pos.
sible to accommodate all parties This was q case
count OF press OF business he said he must bring
the case within reasonable compass. He should
therefore order that the papers should be read now
and he would then adjourn the case until Saturday
morning at halfpast nine. After the papers are
read the argument win proceed on Saturday and
Monday and continue until finished.
Mr. David Dudley Field then commenced the read
ing OF the papers and afdavits on behalf Of the COM
psny, almost eli OF which have been published IN
son In the United States Court and the various pro-
ceedings In the State courts.
The Injunction restraining Mr.. Davies from taking
possession OF the Erie Railway, lately dissolved by
Judge Boardman, Of Ithaca, having been read. Judge
IL consider Judge Boardman's order extremely in
decorous, as showing disregard Of the orders OF
the United States Court No order should have been
pose OF preventing a seeming connict between the
State and United States courts. IL should have been
permitted 10 remain until the matter was disposed OF
After the counsel had finished reading their afda-
Wits the Court issued the following ORDER at the re-
: The argument OF the motion herein for the OPEN
ing and rehearing Of the motion heretofore made
for the appointment OF receiver having been here
tofore SET down for this day. and the counsel for the
defendants being ready to proceed, and the counsel
for the paintiffs and the counsel for Henry Z. Da
yies having applied to the Court for pOstpOneent,
and the Court having directed that the motion do
now proceed but that after the reading Of the pa
pers the argument stand over to future day, It is
ordered that all proceedings on the part OF the plain
tiffs and on the part OF Henry 4. Davies who claims
to act as receiver herein, under any OF the orders
heretofore made herein under any OF the proceed
ings heretofore had in this action be and the same
hereby stayed until the decision OF this Court on
the motion above mentioned and until the fur.
ther order Of this Court; and that until
such decision and further order the said
Henry L. Davies do abstain from doing or attempt
the said orders in this any other action pro-
ceedings in respect to the Erie Railway Company or
any OF ITS properly rights interests or relations
the arguments until Saturday morning OIL half-past
nile O'Clock.
Decisions Rendered.
Hsboa,d de-, Us. Brooks ct aL-Motion granted.
Babete Fuchs Us. Joseph Fuchs.-Report of ref
cree confirmed and judgment ordered.
Martin ps Flash ct al.-Motion to vacate granted.
In the Matter Of the Petition or Henry B,e,oster ct
al TO racate Gc.-Prayer OF the petition denied.
Kfngstand es al. Is. BfdtSted, ~, ct dt.-Mo-
ton denied.
Frank .Schard,tz rs. Anna n. Sc7.ardrtz.-Report
OF referee confirmed and judgment divorce granted.
Maria Allen u.s. george W. Auen.-Report OF ref
cree confirmed.
Stephen II. cray Us. GeorgianaG N. GrdU-M0tion
denied.
Skinner as. Bush.-Motion granted, unless costs
mentioned in the judgment are paid within three
days.
AcQuade Us. Connouy.-Motion denied.
Iftyser Us. RdschkOaShy.-Mot denied.
IN re. the Application or Ray Gc.-MOtiOn granted.
Bates Us GoodeU.-Motion granted on defendant
STIMULATING not to sue.
Sherman rs. decentralization denied, without
costs and with leave to renew.
Bedmish, Recetpes, de-, Ds. D0ubieiay.-MOtiOn
granted for attachment, unless payment be made
within three days OF the service OF q copy OF this
order on defendants attorney.