New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-08-21
THE COURTS
49, rN1nN rAcIFIC RAILROAD CAsE.

The suit brought by James Fisk, jr2 against
tho Union Pacific l.ailFolG O"idalC, I'm ," bfor pI,c
Barnard yeseiday, on mo t ,'" o,rC"e o16-r
dinrs IA declare MIR Fisk a stakeholder, 10 pre-
tcH Ven iod tc h. fraudulent between the two conpa-
mics and To RESTRAIN paying Of dividends by inc ftti
n,rerc6 the MI IigYs eudeayured, uy the compulsory
process OF the Court, TO obtain The testimony o some
The defendants officers. motion was uaIt 10y Jt u'
f6pts IN remove tbe case 10 the United STATES Courts
and All proceedings were meantime stay 3D. The pam
tifs had that motion modified 50 a. 70 ehao.c th,n 20
collect tes IImu4y To- io,l9l ,'s ocr no i,
pear and testify before the referee. and having
oreirst him as also against several Of the other
odiccrs oil the Company, but Mr.. futile alone
MSS espo,v Was issued 10 show cause why
this writ of attachment should hOt 300 vac I JIM az ~
same time counsel FOX plaintiff announced lh"i hg "uAL
ne readv no argue tc other two motions ON wednesday
the adjourned % yesterday lra'. us9 az "~
jourumeut was suggested 40 ne opening Oh He I9ul,
was Ae claimed nothing nei9lt we Cy.; t t r,,c
for an injunction baa been syel we Ao'io 10 It'io,t
the case to the United states Court was only iormec ana
AVA submitted 70 the court ON ti,i lllI, Mi'. way "
submit their points 20 the Court last Monday lHe oEst
motion was useless since The writ ad actually neeh dis
Mr. Field did not know that such had been the case.
Mr. Fullerton said il had been discharged. and coun-
sells assumption az ignorance Was merely Tor ctcl 1T
hau been discharged uy Tie Coait WINE ply lto was m
the COURTROOM and ls partner hdd been i'io4"," U4 81
within half an hour after. ,
MI Field said that ne had heard from MS partner th
after an order 10 show Lad been obtained Why thc
rt Should not be dis haired, ia some suuerUous ln1u
ner tho order had been oh aH.u some one informed DOS
partner he was leaving tt fooln o4 mo aug SON,
words had passed between his partner ana The attorney
who obtained b., but Doe did not suppose tACy intended To
maintain this u.s. am c.ler.
Nh Fullerton repe.ed the charge that 90 surrfpt
tOuslv obtained, and the attorney VINO obtuIed TIC ua
charge explained that hC had understood TIE nldrr To-
show cause 20 relate only TO tine examination OF MI Tut
tie, and not 90 hls attachment ,
Alr Field having borrowed the paper on when INC s
charge OF the writ marked sent AZ zap To the dHae
stating that Che paper was mercy copy ~ A' VIII
requested the Court 10 erase the ORDER when was oot
and the argument ON the motion RESUME %.
Nh Fullerton and Mr.. T4c Iarau, uu behalf of Nr.
Tuc, argued that the jurisdiction az the court rested ON
the demand made 10 te witness 20 4f La t'alH"HJ '
motion and hi, refusal No proof whatever appeared
that Mr. Iuto had been asked O refused Co give is cs
tuony q motion Tor removal or inc cause All tAtl
had even shadow Of proof for Was such demand and
refusal Tire injunction motion, ana, as 70 Aai' iI
proceedings were slaNc. IE'' lNiirl ul-tH Iab tAr
whole proceeding was iu bad lallh
Mr. Field read tle order OIL judge b"iu..d M"".ll.-
TIE stay OF proceedings Tar as o. permit ue pauuA r
go under previous orders To o'l.l. Itri-t '' ',.
the motion Tor removal OBJ the cause. lic -''' dll
affidavit 10 show that Mr. IltfIc knew hc was included
iu abe order. though named a. John b.n. -
After bis surprise That The officers OF this
t0u he was proceeding % alcuc The eoi ia'h OF tae
proceeding, when the Court interrupted hn saying HAT
tho attachment WUUi nave To- stand iHr ali .4t o4 70
demand aud refusal 10 TESTIFY gave jc Court luu|lcuoN
ald the other mattis would moro appropriately come
uU the utcrIOsa,orc5 ANA answers Ih J.t contempt
proceeding. $500 . 40.
ease there was DO such affidavit Tie question was ju
rlsticuou4l lie begged the Court 10 examine inc
Te CONT sftcr soIne further discussion took the pa
pcrs saying that, d 10 SHOULD decide Co discharge tIc
writ 1ir Iicd should have an opportunity Io b' HcA'u
further. The motions we're then all adjourned over {"
summons and obtaining testimony for the motion To re-
move.