New-York tribune., 1868-03-17
THE COURTS.

TUE GREAT ERIE UITIGATION-A FLANK MOVE
MENT-sKIRMISHING YESTERDAY.
The parties came into Court yesterday to settle
the order Of Judge Barnard appointing George Osgood
Receiver Of the proceeds Erie stock which has been
lately issued amounting to about ssOOOoOO the amount
OF stock being alleged to have been SlOcJ0NOO but 1t ap
peared that an application had been made TO Mr. Justice
Cerke 10y the Drew party and that they had obtained
from him order staying all proceedings on the settle
meut Of Judge Barnards order Notice OF motion had
also been given 10y the same idc 10 set ASIDE judge par
nard'S order appointing the Receiver on uc gioNhd OF
rregularity and fraud said notice being Teturnae on
the nrs Monday q" Apli mesh f9r an 1onr thfe & Wfre
no proceedings taktp Shortly a1ter II oGloGk JnuEe E
Barnard took Lis seat and announced that lac had bce
served with order staying all proceedings IN the
tie first Of April next why the order ,,IE IGr
Courts power judge Barnard added; rms @ oluer W., M
served 0u me by Messrs Field Buueh me baelS@ I've @ Un
which tho order was granted rot served on nc;
they stating that they wanted TO make copies. Nhn @
beCD serG aS In vandorb The attorneys FOR Mr.
Vanderbilt sent to inquire ioC & the PaPgi PP i,rpaTi m s
gestod that the matter had better stand over III og
an ne o. papcr as soon ms they could produce them to
bring on he motion at earlier day. The Court then
sqRe'R5S Re ioo%idS VI Is the order Of M Justice cerkO
& 5sIa & S so az sSa sseIJ d.d M,5 6 1853 add The
.unsIea so let al Pfesls IN & sS01 d @ cT n on S % % Sy
shares ei -',s 9ls' % n , G % or issued or purporg
ssIas e I 2 iv h or Of lie prccees Of any shares ceu6
sStes b5r8s or other property belonging claimed
porpoag issued by IT, or to procure tae appointment
Receiver ~ auy shares certificates bonds OF other property o. t
proceeds thereof stayed until the bearing nd decision q said notion
sui let the eaiy Of any order fr The apon!ment o san or any
proceedings IN tbs action be STAYED uni le
hearing and decision Of ai motion aHl e all peceeuias OF uos
Scssd a. 5Ss Receiver upon proceeding in ri, &C
ton Until such hearing sn decision Of the sa notion and TIE
sptrv 81 tb order Of the Court thereon ThOs W CLERKE
NOri York, Mbrch 10, lS.a
The notice accompanying this order is 10 show cause on
the first Monday of April why Judge BarnaIds Oider
appointing Receiver Should not ne Yae1teu. th9 1n9
grounds Of the motion specified IN the notice are tat
Judge Bamards order made without nOlicc 10 the
Railway Company that MI SkidmOre, the director VINO
was served then in The custody OF the oheth tat
the order granted before any or the parueS lhtel
ested or their counsel applied for it, that no proof
OF service Of the papers on any one was haue 10 h
Court That the papers we're not read OF pIeSehteu @
to the Court, so that il did not IN judicial way
become familiar with their contents; that the 0e-
PENDANTS had lOruity 10 answer; thdt te OIder
violation Of h.unCOns OF the supreme court III
other suits; that the Justice was incapable OF acting as
eral Litigation Of which this was branch ara at the
order was granted supplemental complaint mahhS
parties without any amended summons De4hs SerNeu
leave TO amend the summons granted
TIE CRIMINAL PROCEEDINGS.
1t was understood that Judge Barnard sent
the papers in the suit charging him with completely with
the Messrs Vanderbilt, Sohel and others in an effort
oy means Of legal proceedings to get possession OF the
road 10 the Grand Jury that they might investigate the
charges against him. 1t appears that the Grand
Jury subpcnacd wm. Belden, the plaintiff, Mr. Shear
man. his attorney and Mr Smith, who swOre to an afi-
davt IN the case to appear before them yesterday at II
They appeared prepared 10 testify but aier some
delay the officials informed them that they would not he
wanted. This, 10 seems. would indicate that an lVeSt
cation earnestly desired as was supposed TO be