New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-02

over these proceedings by tho injured holders
Of this spurious stock-Bemont being OF sthcmwho
stand In the same attitude Mr. Whepey but who are
more III than he to be intrusted with the manage ment
and prosecution OF this case. My learned friend Mr.
Field who last addressed stated the law upon that
subject correctly IN the man, AS understand h. and il
is not necessary for me to add much to what he said He
did not state the whole OF It, as understand it, In the
Ms' bo,nt or anv citizen OF the state Of NOV 'Ae
plaintiff in this suit, without prejudice the jurisdc-
ton. Your Honor suggested, when this question was
first before you. that in view 'Of there being
a fund here, this point might possibly be
got over { am disposed, however, from having
Considered IL with some before. and reflection
since 10 think that that objection cannot be got
and that possible for your Honor 10 make c
mo The rsdctiop and making the bill in that respect
informal and perhaps Impossible 10 DC ~ , Will
out an amendment putting IL back My learned friend
then Travelled to another branch OF the law ana gave
views upon that subject, which as ubIeI az I h
one of numerous class OF persons entitled TO rehei OF
the same general description against an lhI n
or corporation the usual course is 10 let the bl go
until nterlocuory order Is issued declaring TUE III
tiff entitled 10 the relief; aud then, according 10 VIC
usual course an order Of reference is made TO master
ascertain the facts iii order TO prepare Tue C
for decision on all the details growing out OF .s my d
ocutOry determination. aud III that order ne STATES ~ 10
the practice 10 bring IN the other interested p,es
that Is exactly true as read all the DOORS Vi
upon this subject. The Master, Referee, issues
notice inviting all persons who seek reet 10 appear VIII
in certain time before HIM, stpulate 10 continue
the expenses Of the suit. prove thelr de
mands, and make themselves substantial claimants Ol
the fund They are never put into inc recOre
IA not TO make them plaintiffs but as soon as tey nave
proved their and consented to come IN ana seek re-
lief under the BILL they become substantially plaintiffs
aud order OF proceedings be had without proper
notice to them If they appear In such way as 10 te
themselves to notices Parties who do not appear Dy az
tOrney put themselves In condition To De noticed
overlooked, and not furnished with notice mat Is
the course OF practice In the Court OF Chancery.
Judge Nelson referred 10 the Milwaukee ana La crosse
Railroad case stating that IN that parties went III
for the purpose Of protecting themselves They could go
nowhere else for protection, and they had been eNclu
ded account Of their residence, they would have MAO
relief.
Mr. OConor said that he thought that cross bill IN the
nature OF a supplementary bill would be altogether ade
quate give relief In conclusion, Mr.. OCOnOt alluded
briefly 70 an argument Of cousel on the other side.
Judge Nelson received the papers OF counsel on bOth
sides, after which the Court adjourned.
AN INJUNCTION FROM JUSTICE BALCOM-CON-
TEST IMMINENT IN BINGHAMTON.
BINGHAMTON, Dec. 1.-Justice BacOm, sit
ting special OF the Supreme Court in this city,
to-day granted order application OF the Attorney
General Of TIE State.enoining the Erie Railway Com
pany by its Directors, from delivering or transferring
any property a receiver other person, other than
the receiver to be appointed by the Court and naming
the Hon Giles W. Hotchkiss OF tins city referee. to
take testimony Of all matters, transactions, &C. OF the
Company aud to file his report with the evidence taken
by him. with the Court This action sustains the Di-
rectors OF the road against all other persons