The New York herald., 1868-08-21
NEW YORK CITY
THE COURTS.
SUPREME CouRT-CHAMaEas.
The Union Pacific Railroad Company and
Credit MObilier Case.

The Union Pacific Railroad Company and
Credit MObilier Case.
Before Judge Barnard.
James FISH, Jr., vs The Union Pacific Railroad
Company, the credit Moohter ana Ohers.-ThIs case
was previously before the court on motion to dis
charge Mr. Tuttle from an attachment for contempt
In not appearing before the referee. 1t came up yes
terday on similar motion and two others. 1t was
suggested by the Court that the motions should be
held over.
Mr.. Field, who appeared for the plaintiff, said he
was willing that their hearing should be proceeded
with ND
Mr.. Fullerton, for the defendants, objected to an
adjournment because there was really nothing be-
fore the court The motion for an injunction was
stayed. motion for a removal to the United States
cessary, had been argued some weeks before full
brief submitted by the defendants and the plantifs
allowed to last Monday to file their brief. As for the
other motion, the writ OF attachment was already
discharged.
Mr.. Field submitted that it had not been dis
Mr.. Fulerton-It has. Mr.. Fields partner was in
formed Of 1t Immediately after 1t was obtained in
the court room and while Mr.. Field himself was pres
Mr.. Field said he had heard from his partner that
an order had been surreptitously obtained after 1t
had been Denied and al order to show cause why 1t
should not be discharged, returnable the next day,
granted.
heightened discussion here ensued as to what did
take place on the occasion referred to- when eventu-
ally the attorney who procured the discharge ex-
planned that he had supposed the order to show
cause 10 relate, not to the attachment, but as 10
whether Mr.. Tuttle's examination was to be con-
tinued. IN
Mr.. Field presented paper on which the dis
charge was endorsed and which was also copy OF
the attachment to the court requesting tnat The dis
charge should be erased. which was done.
Mr.. Fullerton then applied for the discharge Of
the attachment on the ground that the original order
for the examination Of John Doe, under which name
Mr. Tuttle was sued was to obtain testimony for the
purpose OF motion for an injunction. This motion
and all connected proceedings were stayed by an
order OF this Court until the determination of another
motion before Mr.: Tuttle was served.
Mr.. Field read the order Of Judge Barnard modify
ing that order far as TO permit plantis to 20
and procure testimony to meet the mouon for the
removal of the case into court.
Mr. McFarlan, for the defendants submitted that
as an effort to take testimony on the motion for o
removal the attachment was utterly without founda-
ton.
After some further argument
The Court took the papers and adjourned all the
motions to September T. with DabsOute stay In the
meantime, except 80 far related to the procuring
Of testimony and serving process in the cause.
The NicOls0n Pavement Case.
John Jacob AstOr and w. B. AStOr US. The Mayor,
Gc.-This case came up on motion to dissolve an
injunction restraining the Corporation from paving
Thirty third street with the Ncolson pavement.
The facts OF the case have already appeared.
The Court, having heard the arguments on both
sides, took the papers and reserved Judgment.
The Councilmanic Imbroglio.
This case is at standstil. 1t was expected to
have been heard yesterday afternoon but the Coun-
cimen made no appearance in court.
Decisions.
Judge Barnard rendered judgment in the following
case this morning.
Lena Bloom cS. Leopold BlOom.-Report OF referee
confirmed and judgment granted on the ground Of
former marriage.