The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-09
The Cases Argued on Appeal from Orders
at Special Term.
THE JAY GOULD CONTEMPT CASE.
REMARKABLE SCENES u COURT.
The Examination to be Resumed
To-Day.

Yesterday large number of counsel including,
among others, Charles O'Conor, exJudge Henry E.
Dawes Dav I'd Dudley Field, A. j. vanderpoel Charles
A. Rapallo and D. B. Eaton, appeared before Judges
Barnard, Ingraham and Cardozo at the general tern
OF the Supreme Court, to argue number OF appea a.
from Various proceedings had at special term a'Ad
nom e1 pde proceedings in the great Erie Railv ray
litigation. The court assigned the whole day to the
NEARING OF argument the time to be equally div Ned
Oetween the two Sides and as many counsel on ach
hide as they chose to address the court within the
sotted time The principal Of the appeals was that
'saken from the proceedings before Judge Ba ,nard
appointing George A. Osgood receiver Of tn pro-
ceeds Of the 600 worth of Erie stock Isl ued in
violation Of an injunction on the 9th day Of ARCH
John A. Burri opened the case on behai Of the
Drew party by stating all the varioos pro ceedngs
which had been had from the incpiency of he litiga
ton down to the time when the different o. ders had
been made from which appeals were u KEN AN
these however, were fully reported in le HERALD
ut Tie time they TRANSFERRED.
M Burril then stated the counter suit brought Try
the company and Whitney In the nature of the New
Aaxen omnibus suit, and the injunction granted In
that suit by Judge Clerke as restraf ling all the
parties in tie previous suits from proc0 .ng in those
suats, which was made before the OF der or JuoQe
Barnard OF the 10th.
The first, point they should take wa an execution
70 tne proceedings OF the 14th OF March. Mr.
ccncll's or etal complaint made no case for q re-
ce,ver, and did not ask for one q nd the supple
mentaJ coma )lant was not filed and was not before
the court. !rhe court could not app Joint receiver
wnere tnerS was no request Tor one. And, secondly,
me service Of the papers on Mr. kidmore--One OF
e oirectoI 9, who was present at time in court
Wa, unoe the circumstances, q OF suftCient. He
nad thoug director. no power There to represent
Ine compa ny employ counsel lfor the company.
I,e paper served were not made valid COM
PLANT by calling 1t q supplementa complaint They
were call ed up the spot to say why supplemental
complain { should not be served and then to argue
Oh ne " ,ot motion first raised 10y that paper.
Mr. Nv rril occupied the attent ion of for
upward Of an hour and ha f. and when he had
concuC ed Mr.. Field raised the additional objection
that Tn e Judge who made the 9order appointing the
receive had power to hold q. special term at that
LIME not being the Judge assigned TO hold the
TeRus " term.
Mr.. Rapallo succeeded Mr. b rfrril On opposition In
co licensed statement OF tue proceedings, which
uile ed in few particulars rom the construction
piac I'd upon them by the q entleman who had Just
add 'essed the court, and was followed by
VI aares O'COnor who argue d. behalf OF the Van
DER Dt interest, the legal que stiOns involved in the
cas- and the regularity or irregnlarity Of the pro-
Gee dings. These gentlemen occupied the court until
I'M O'Clock, when 1t Ape airing that the case could
no be concluded within the time allowed and Judge
Ita rnard having the Gould contempt case set down
10 hearing at special tenn at three O'Clock, the
q ,urt adjourned. MT. Field will close argu-
.ent on the appeals this morning