The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-26

junction.
SUPREME CouRT-sPECIAL TERN.
Before Mr.. Justice Barnard.
The Erie Rdit,odv Us. Joseph II. Ramsay John
Doe, Richard Roe, DorTaan D. Eaton, Henry a.
Taller ana Others--A suit has been commenced In
the name OF the Erie Railway Company against the
plaintiff in the suit, published yesterday, and his
attorneys, and against certain parties unknown, in
which all the defendants IN the elder suit. except
the Erie Railway Company, are made defendants.
In this suit an injunction has obtained which,
II sustained, paralyzes the suit OF Mr. Ramsay.
The complaint is as follows
The plaintiff complains and alleges,
Frst-That the plaintiff IS a corporation created
by the laws Of the state OF New York for the pur-
pose OF building and operating railway IN this ana
other States, and for other purposes.
iSecond-That the plaintiff has now under It's con-
troll several hundred miles OF railway, upon which
very large amount OF business is done, and It's
receipts and expenditures each amount 10 between
$l,oooooo and 100000 per month, but such
receipts and payments are distributed through
every day. and If the payments due upon any single
day should be suspended the plaintiffs credit would
be seriously impaired, and any prolonged delay IN
making such payments would result the total dis
organization OF the plantns affairs and prevent its
business from beng carried on.
Ynrd-Tnat the affairs OF the plantIr are managed
number. which however, meets only once month,
and has provided by ITS bylaws that It's powers shall
be exercised during the intervals between Its meet
mgs BY an executive committee. consisting OF i've
directors, whose names at the present. time are Jay
Gonld James Fisk, Jr, Frederick A. Lane, William
n. Tweed and ADram Gould.
FOirfh-That, subject TO the direction OF the SAID
board and executive committee, the affairs OF the
plainur managed by president. vice president,
treasurer comptroller and counsellor and that with
out the sanction OF one more OF these officers
person can be employed in any capacity In the service
n "a fpttf n
behalf OF tue plaintiff and no money can be paid
cut OF the plaintiffs treasury unless special reso
luton authorizing such employment, appearance or
payment be passed 10y the board OF directors or
executive committee, and no such resolution has
Ftth-Tnat on the 24th day Of November, 1863. an
action was commenced In the name OF one Joseph
II. Ramsay against the Erie Railway Company BY
the service OF summons and complaint upon the
secretary in which papers Jay Gould, James Fisk,
Jr., Frederick A. Lane, Abram Gould. W. r.
SImons, George @. Hall, Henry n. smith. charles G.
slsson, Henry H. Martin and James B. Bach we're
also named as defendants and AT the same time two
orders were served upon thesald secretary, purport
ware county, but, In fact, not certified, the pre-
tended signature OF said Grant both cases having
been written by one John Hayes clerk 10 the en-
ploy OF the defendants Eaton and Taller.
SlLtt-1nat the said pretended ORDERS purport to
suspend from the exercise Of their oiiices both AS
directors and as officers OF the Erie Railway Com
pany the said Jay Gould who is the presidens and
treasurer OF this paintln; the said Fisk who is Its
vice president and comptroller: the said Lane who
On Its counsellor; the said Abram Gould, Simons
Hall and Sisson, VINO are directors OF this plaintiff
and the said Smith, who was elected such director
In October 1859. but who has since resigned; and
also purports to enoin all other officers and servants
OF this plaintiff from recognizing the authority OF
the persons so suspended, from authorizing or con-
nrnng any act OF the SAID persons, from carry
ing out certain resolutions passed by the
board OF directors oil tnis plaintiff and from
the said pretended orders further purpOr TO restrain
the persons above named from exercising their func
lions as directors and officers Aforesaid, and TO for
bid many other acts, some OF which essential to
the proper conduct or the plaintiffs business.
valid ana wee literally oaeyed the entire bns,ness
OF tins plaintG would be brought to a stand, the
salaries OF Its officers and servants and its current
business would be speedily broken up, thereby caus-
ing To IL q loss or many million dollars.
Etqhtf-1hat the said Ramsay has been for long
time past engaged in legal controversies With the SAID
Jay Gould and James Fisk, Jr., and some OF their
personal friends, and, as the palnttn il informed
and believes, he has long entertained feelings OF
bitter resentment toward the said Gould aud Fisk,
and has brought the SAID suit Tor the purpose OF
beng reyenged upon them and of compelling them
Al possible TO compromise the other Controversies
between INN and them in their Individual capacity.
N,nti-Tnat the defendants Dorman d. Eat0n
and Henry A. Taller the attorneys Tor the SAID
Ramsey In the SAID suit against this palntin and
the other persons Aforesaid and az the plaintiff Ia
Informed and believes, the said Ramsay, Eaton and
Taller have entered into couusion with one John
Doe, whose name IL unknown 10 the paInun, and
whom they have induced to appear the SAID
action as attorney for the plalntln therein.
7enut-That this plaintiff Immediately after the
service OF the said summons and complaint It's
secretary employed the law hrm OF Field 4 shear
man as Its sole attorneys IN SAID suit ana the SAID
firm, as the plaintiff 10 informed and believes upon
the same day served notice Of appearance on the
SAID Eaton as attorney for the planti, wnen tie
said Eaton stated that another attorney had already
appeared for the Erie Railway Company, ana SAID
he would not accept service OF the said notice for the
plaintiff.
believes, the said John Doe Is attorney and coun-
scllor OF ms court and has served upon the SAID
Eaton and Taller notice OF appearance on DenaIf OF
Ihis plaintiff III the said action, regular In form,
though entirely unauthorized. collusve and fraudu-
ient in TACT, ana gucl service was made and ac-
cepted with intent to delraud TINS piainin and 10
TicelTh--That AZ the platinum Is informed and be-
leves the said Eaton and Taller acting under The di
recGion OF said Ramsey, have drawn au order for
the appointment OF Richard Roe, whose real name
unknown this plaintiff as receiver OF the pro-
perry Of this plaintiff, aud have procured tue sad
Jonn Doe 10 consent, IN the name oil this paintn 10
tue appointment of such receiver, when consent ~,
and known by all the defendants herein to be, en-
TREY unauthorized by this plaintin, colusve and
Tl.tgteenth-That II the said receiver were permit
ted 10 take possession OF this company even Ior
single day has commissions wound amount 70 very
large SUN OF money. which this painuH wouin
probably be compelled to pay; the business OF TINS
plaintiff wOuid ne thrown INTO confusion, It's cfedit
would be greatly impaired, and IL would IN many
ways be pull 70 enormous expense ana sustain dam
Ramsey or bs sureties to pay.
fonte,at0t--1hat by reason OF the said fraudu.
lent and coliusive appearance OF an unautaoEizeu
attorney IN the said sult tnls plainin may nave no
power 20 move therein for relief against the SAID
orders until after said Unauthorized appearance
has been ret aside, proceeding which wOnid neces-
sarilF Involve considerable delay, during which this
plaintiff would snner Immense damage an aiterna-
uye which this PLAIN III submits lt Il not bound to
accept
Wherefore the plaintiff demands Judgment-nrst.
that All TIE proceedings, papers and orders in the
eaid action, wherein Joseph II. Ramsay IL IIainhn
and The Erie Railway Company, Jay Gould and OH
crs are defendants be declared void. second, that
the defendants other than the direc os Of this plain
tI1 ana each OF them, their agents, attorneys and
seryanls, be restrained by inlunSiaen nom proceed