The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-14

Tho Fisk Injanction Before Judge Peck.
ham-Postponemont Of the Case Until
August 80,


known as suit No. 7, instituted on Saturday last.
restraining Fisk and Courier from acting attempt
ing to act as receivers Of the Albany and Susque-
mamma Railroad Company. Its franchises or Its pro-
perry, came up before Judge Peckbam according 10
the order summonng the defendants TO appear to-
day to show cause why the injunction should not be
enforced Messrs. w. +. Allen, J. K. Porter and 8.
Hand appeared for the piantins, and Amasa Parker
and d. D. Field for the defendants
Upon the opening Of the court Mr. Parker moved
to suspend further action until September.
MI. Allen said the plaintiffs would prefer to post
pone the case. they quite ready to move
Judge Peckham said he thought it would be much
better to suspend the case until the facts were as
certained In the investigation now going before
surrogate Lawton, He himself did not know yet
as that was an important feature OF the case he
thought 1t advisable for both parties to stop every
thing until the questions OF fact are determined.
Mr.. Field said that the parties he represented
would no doubt agree 70 cessation Of all injunc-
ton proceedings until later day but 1t should be
understood that the gentlemen connected with the
Ramsey interest must appear In court whenever
them il they would promise to appear. "'' ''
Mr.. Allen remarked that he supposed there was
at that moment sherirs posse IN town with writ
Mr.. Field said he would stop all that. The whole
matter could be arranged In few moments
standing OF the condition IN which the litigation
would remain during the p0stponement He pre-
against FISK and Courier would not be enforced.
Mr.. Porter SAID 1t would be enforced, and read
order which he had drawn up for the Judge to sgn.
po5tponlng the hearing ana enforcing the restraint
upon Fisk and Courier.
Considerable discussion followed, the counsel for
the defendants opposing the proposition to enforce
the restraint upon Fisk and Courier during the pen
| dency Of the suit; but the Judge decided thai the
issue it, Counsel for the defence then died protest,
which was embodied In the order OF Judge pecknam.
The order Is as ioli0ws:-
80
Of Aasas ASnn ya sh s' l'A
wi.n against Joseph Il RAMSEY J sssa.s sD s.
& 5
lie
verified Id 'S%pn ssSnss and s
q As they sou1 show w, ss sa I sa at o,as
should no. BE- coHtinued and appearing
and
order nov on molten Of John OH Porter William r Aeq
ana aapS F ss q ss
ss s srs
ion to make order and protesting against any order
ha. the SAID order TO show cause .hi: day and
"a H. e e s ss On @
Further ordsasd the eOn.nus IN
Nc % tic; ~ ha
joined As stated IN said order copy Of which n to be served
herewith least Tour Gays '''r. JOHN sd ia Clerk
Mr. Hand then took up the case Of Van val
kenburgh against :he company, In which Mr.:
| had granted an order on the 10th that the
Van valkenburgh party show cause, at Al
should not be vacated, and in the meantime forbid
ding Pruyn to act. This was served the llth and
Peckham staying proceedings ON Judge Barnard's
order, and requiring the Barnard party to show
%oass
Barnards order. vacating that part OF is which re-
tanned Pruyn from acting as receiver and the case
went over TO August 81, when the Van valkenburgh
party wi appear to show cause, &C., in compliance
with Judge Barnards order Tho court then ad-
Agent Banks is in charge OF the road, with Gen.
eral McQuade as sole s1perintendent Business has
signated Treasurer Phelps as his deputy.
Testimony Before Surrogate Lnwton-How
Fisk Prepared to Get Control Of the Rond-
The sheriff After Ramsey g. Co., but Cam
not Find Them.
ALBANY. August "a. 1859.
The taking Of testimony by Surrogate Lswton In
regard to the Fisk and Pruyn appointments as re-
ceivers Of the Susquehanna road and the scenes
which transptred at the company's once on Satur.
day last was resumed at three O'Clock this after
noon. The only witness was David Wilbur, one OF
the directors, who was cross-examined by the Ram.
sey counsel Wilbur testified that the night OF the
9Th he was present at o meeting OF Fisk and Gould
sci ana several Fiskte directors OF the Albany and
Susquehanna Railroad, In FisE's opera building,
New York, at which meeting the document was
signed by certain directors Of the road asserting to
the appointment OF Fisk and Courier receivers.
The meeting also nominated the following gentle.
directors Of the road, to be elected soon
Courier, jeremiah Austin, Jacob Leonard, AFRO
Chase David Wilbur. Samuel North, Jay
Gould, James FISK, jr, james Bush, Ham,
AlOnzO
schurz. Fisk was to be the general mana.
ger Of the road and r would probably have been
The meeting did not break up until half-past ten.
and Fisk, Courier and Others came to Albany by
Upon the conclusion OF Wilbur's testimony the case
was adjourned until next Wednesday.
tors attending the legal proceedings, and the pubic
manifesting very little interest In tne AFFAIR.
and Van WITH
bailable attachment from Judge Barnard bat has
made arrest from the TACT that the parties cannot
be found. The Sheriff u himself In hot water fear
ing that II he executes the order he Will get into
trouble here, and although backed up by counsel
employed to look out for HIM is evidently graft
fed that the Ramseyites are out Of his reach
The friends Of Ramsey, Pruyn and Van Valken-
their whereabonts but intimate that the Fiskites
will have q lively time before catching them.
me Sa5S q made I'm tins morning oy Messr
OF arrest II the three woud promise 70 appear be-
fore the New York courts at any time they might be
I'D tfenecu WIFI VotAsiFo iNuBueeE VI tuc
streets, the Ramseyites stating that 1t would DO
some time before the three gentlemen would visit
New York. This afternoon the counsel for Fisk
applied to the executive managers OF the road for
the appointment6f Pratt of the Erie assistant
superintendent In place OF Van ValkenDurgh, and Of
Gardiner, also OF the Erie, as station agent Of the
Susquenanna road at the Binghamton station. The
request was not compiled with. Colonel Banks to.
day received the keys OF the Company's once and
SAFE and Ia IN possession OF all the rolling Stock and
other properly OF the road, which Is now rum
ming AZ II no interruption had occurred. With
the exception OF Ramsey and Van valkenburgh
all the old officials OF the road are
attending to their regular duties. Tomorrow the
leading Kamseyites assemble at Golfers station
on the road, to meet large number OF stockhold-
ers who reside near there and ut Cooperstown. The
object is understood to be to flank FISK
Governor Hoffman says that lie considers h'~ ,.,,
done with the matter and exprss" N. on,n,on
| III hox. fhar