The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-19

that motion they would be 70 the other motions ~ be
A The plaintiffs we're no. prepare 70 show that the
nsideraiion, Judge Csrdoxo Ated that he would
adjourn the further hearing of he present application
though, proper 70 move for her orders IN the matter,
the court would N proper Application was made grant
o.nes "Iasn ansse per- Jns could then be summoned
" Al .uo oAs how ending before the same referee,
aud me question OF contempt could DO argued and
anita, and which - almost similar TO The former case,
also came up sap ssquently . motion TO compel the
considerable yromiscaous discussion the question was
raised, and the court held that the application
elmer or too late II the plaintiffs applied for
discover TO enable them 70 prepare their plsadngs
they we've TOO late their complaint had been already
drawn and served II the application was made with
the view OF preparing for trial the plaintiffs motion wa:
preriuature, they had not shown that trial would
evtr be had u the cause, as the deendans time 70 an
g,er had not yet expired and since the defendants
BY request OF counsel the cour. granted permission
to The plaintiffs to present points upon the question with
the view Of showing that the motion for discovery was
proper 70 be made II before tho defendants
had served their after plaintiffs had drawn
their Tleadngs. There would be prejudice II this
ratis acorily shown 10 renewal OF the motion,
whether service Of notice the sccretsry service
tho company which had been raised, could also be
disposed OF at the same time Wednesday next. The
three principal motions pending In this litigation
not brought forward for discussion.
a 10 h wers so be-
dsienaants- .etA
cy and a'snsy' 81 'ons 1sAaS .c, being duly
.sysTSss si;sr lie service Of me .aiapns'oa
s raS Gn ~ s 81 sos the y
memorandum BOOK transfers OK the Chicago and
Sssai esssss sss
a and
book OF said company has been made to deponents know
sss Or 81 nss' any he .ss
which created or Issued a, time since organization
said Injunction issued Of The o. 900
for y p no@ s' stock e. he service Of
@ s1sss hoa.sSa
have repaid said loan through the and into the
company a,iemp! ia: been made the Inowedge IN
M iS ss:S CREST 1
book q SAID COMPANY The Of SAID
oy %
hsa .sS IS
before me this 18th day Of Janusry-isS Dawn w.
PKca, Notary Public. New York county.
L AFFIDAVIT OF FRANCIS Towa
City and County Of Nsn York sFrancis n. Towa being
duy that after the service OF the Injunction in
This the seventh day Of January instant tho trans
and orandum book OF transfer of THE Chicago Rock
Island and Pacific Railroad Company were sent by spe
cal messenger Chicago, the State Of Illinois, TO be
there delivered and deposited In the Office OF said
in that city other dspos been made OF
FER books and other books above specified them
dpoto Of other book OF said company has been
made to deronens knowledge, information belief;
belief Of this deponen continue transfers
transfer Of Of the stock OF said company
the stock thereof which created issued
~ time since the organization 81 said OF
the stock mentioned alluded to In said injunction
as stock issued In excess OF the nipctytwo thousand
shares created the OF the said company
disposition has been made to the knowledge, Information
said company said stock since the service OF sad
Injunction except follows. Cooke Co., who hold
call loan $50 00 OF said have repaid said loan
through the and into the Corn Exchange Bank
the cred Of said and $2N00 which had been
he'd Ike call loan by Vermlye Co., have
been by them repaid In like manner and in said
bank TO the credit OF said company attempt has been
nen by OF the defendants this By any
hcer sad company other person 10 evade the
ton OF the sad Junction. have of sadpersons
TO the knowledge mi ormson belief OF this
deponen directly indirectly violated said njuncon
entry has been made book OF said company since
the service OF said injunction concerning the said stock
Of s proceeds the ordinary entries creditng
for such sums refunded by them respectively and dehns
1 tho said bank for the same. FRANCIS II. TOWS.
Sworn before 18th day OF January, lS6S-DAvIo
w. PRICE Notary Public New York county.