The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-01
SUPREME C0uRT-GENFRAl TERM.
The Erie Railway LitigatiOn-The Appoints
ment of the Receiver AfIrmed-Hints.


ment of the Receiver Afirmed-IIiuts.
Before Judges Barnard, lugraham and Cardozo
ScleH os TIE Erie Ra0road Coznpanv.-The APP
peal IN this case from the order appointing George A.
osgood receiver in this suit decided yesterday
Judge Cardozo in his opinion discusses only the
question raised by Judge Ingraham as to the effect
OF the injunction granted 10y Judge Clerke in the
suit brought by Whitney, the venue OF which was
laid in Steuben county, enjoning any further pro-
ceeding whatever by any Of the parties in any Of the
suits. That injunction order he considers absolutely
VOID ahd nt d g be rssren m s S
whether considered with reference to the singular
Sly and extent OF its provisions or the crcum-
stance OF Its being issued by Judge OF this dis.
frict in an action triable in Steuben county,
venture 10 assert has no precedent In the
exercised by the Court OF Chancery in this state in
respect to cause pending in that court" and cites
cases 10 show thai such proceeding was held both
Improper and unnecessary, and that the proper
remedy - an application by petition TO DE admired
shS S V hat s me old e 5gs in chaneery to m
strain suits at law arose from the fact that the
courts could not afford adequate relief Judge Car
dozo then proceeds to say that the idea that cause
by such nanpuyres have been resorted TO here
can be withdrawn from one Judge of this court and
taken possession OF by another; that thus one Judge
OF the same and no other powers can practically
prevent his associate from exercising his judicial
functions That thus case may be taken from Judge
60 nudge whenever one OF the parties fear that an
unfayOrabe decision i about 10 be rendered by the
Judge Who M 10 that time had sat IN the case, and
that thus decision " the suit may be constantly
and indefinitely postponed OF the VIII OF one OF the
hrigants only, deserves 10 he noticed as being
curiosity in legal tactics a remarkable exhibition OF
inventive genius and fertility OF eNpedlent to enbai-
suits which this extraordinarily conducted liti-
CATION has developed. such u practice a. that dis
closed by this litigation, sanctionlng attempts 10
countcract the orders OF each other In the
progress Of The suit, confess IL new aud shocking
10 me. Il had no existence In the practice Of the
court OF which was recently a member, where the
each other. never ascIing improper motives in iu-
dcia action 20 either OF their associates, and never
permitting auy one TO impute such to either before
The other but are scrupui0usy careful that the con-
duct % every legal proceeding shall be due aud
derly; ana rust that we have seen the last In this
high tribunal OF such practices a. this case pas ex-
hhitci No apprehension real OF fancitd that any
Judge H. about either innOcently or wilfuly 20 do
wrong can palliaie much les Justify H. For any
such wrong there are abundant means of redress,
ana 10 those, unaded by judges In such articles as
have been attempted IN these proceedings everybody
= Judge BARNARD cdnctirs with Judge Cardozo.
Judge Ingrahan, dissenting holds that ga, service
OF he papers on the lith Of March director lNr.
sIidmorcj then IN custody Of the sheriff was invalid
~ service upon the company. WITH regard 20 The
order Of the leth he holds that the proceeding was
that uni thai injunction vacated Il was binding
upon the parties. lie further holds that any order
of the supreme Court Of this district vacatng or
modifying an order entered a. OF the seventh Judi
cial district j. irregular on THIS ground alone he
holds that the order should I've reversed.
u may be well TO state in connection with his
case. that Peter b. sweeney was substituted rs re-
ceiyer in place of NJ osgood a short time since
PultunHu we wy
Contract Sustained.
~ risfOpber P,dlH,nH rS. The MAYOR &C.. a Nec
JorL.-This Is the suit brought by ths painjir. rs
member OF the Common Council 10 SET aside the
famous twenty years contract Tor supply OF gas en-.
tered into by the city u came before the court
appeal nom an order granting an Injunction 70 re.
strain the city from carrying out the contract, and
IN his opinion Judge CardozO saws That municipal
corporation has power like any other person TO
enter into contract within the object for which
lhe corporation created, unless Restrained
by sOue legal enactment, and excepting
40 far as these contracts may be subject
20 the future legislative auihOry mat on this
suit there is no allegation OF fraud or corruption,
aud the only ground fOr proceeding 10 sci aside this
contract u the provision OF tho act OF April e. 1895
section nine prohibiting The making of any contract
OF mourning OF any ahinty which would exceed the
sum appropriated IN the act. This provision Judge
CardoZo holds TO be unconstitutional as being not
stated In the tile OF the Dill the act being private
OF local one.
Judge Barnard concIIrns. Judge lngraham dis
senilng.
The Worth street Opening.
A motion for the confirmation OF the Commits
suners report on the opening OF Worth street from
Ba xter TO Chatham, made at General Term. but
under the recent rule, was sent 10 special Term.
Decisions.
richard lSciN a.. the Ere PdNW0p C0MpapN
dc.-Order affirmed, and 10 be settled before Judge
Barnard, July J. 1865. at eleven A. NJ. Opinion by
Judge Cardozo: Judge lngraham dissenting.
ChFistDphef Pullman rs. The Mayo. dc.-Re-
yersed Opinion by Judge CaIdozo Judge ingra.
Jnnsb0,re dc. ~ ne chicago ROCK Isinpd ana
TrClHc ROUrOu 'OtgDUHU--Order appointing re-
ceiver affirmed with costs
Bopen ~. Eiad Fbe IasVydnce COmpnoy Order
reversed.