The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-04-02
NEW YORK CITY.
UNITED STATES CIRCUIT COURT.

The Union Pacific Railroad Company Litlsa-
tipn-HIotion 70 Show Cause Why the Case
Should Not be AdJudIcated ON In the Circuit
Court-Opiuion Reserved.
Before Judge Blatchford.
James Nsk, Jr., us. The linton Pacific company
ana the Credit Aootier of Anserioa.-Argument Of
counsel was resumed in this case yesterday after
noon.
Mr.. d. D. Field, the part Of the plaintiff, opened
ms argument He said-The first question In this
ease was to ASCERTAIN the facts upon which the con-
trovery depended. The suit was brought in the
State court on the Sd Of July, 1888 by Mr. Fisk
against the Union Pacific Railroad Company, the
Credit Mobilier Of America and thirtyseven direct
plaintiff OF the stockholders Of the Union Pa
chic Railroad Company, alleges that the directors
me company have committed various f di,
Mobilier of America by which the company turned
over 70 the new company all the property received
their own first mortgage bonds; thai, In fact, the
company had fraRdulently disposed OF every parti-
ana that Nj Mr.. Fisk was entitled to have an &C.
81 Of July; me PRINCIPAL cause Of action
being the trustees OF the stockholders thereof have
violated their trust and duty towards these stock
to all the directors made parues in the cause. Mr.
Field summed up the subject matter OF the contro-
yersy as 1t was now presented to the courtwhetner
"
on the order Of Judge Rosekrans was 1t within the
Jurisdiction Of the court to grant o stay Of
proceedings IS related to the action Of the
State court and II IL was within the jurisdic-
ton Of this court TO do so, was the Ques-
ton OF IT'S Jurisdiction properly raised In this
ments applicable to his view Of the case. as repeat
eddy before submitted by him In the various hear
fngS before the different courts that have been adju
dicatng in the controversy.
Mr.. Tllden followed for the defendants, advocat-
ing the removal Of the case TO this court, contend
a
Court was the proper tribunal OF adjudication.
Mr. Tilden occupied the attention of the court till
1t rose. Judge Blatchford reserved his opinion.
Another Phase Of the Union Pacific Railroad
Conteso-Ffsk Put Upon His Defence,
Charged with Eyictins the Union Pacific
Company from Their Oflces-Damages Laid
at One Million Dollars.
Before Judge Blatchford.
me U,ston Pacific Rdttrodd Company rs. James
Fish, IRA capias in this case was yesterday issued
nom the Circuit Court and served upon the defend
ant, James Fisk, Jr., at the instance and on the
sworn afndavlt Of the plaintiff, the Union Pacific
Railroad Company. The caplas Is made returnable
before Judge Batchford Of the Circuit Court on Sat
urday next
In the adavit in the case the defendant Is charged
with breaking and entering the close of said PLAIN
TIL, evtctng said plaintiff therefrom, holding posses
sion thereof, and Selling, taking and carrying away
the goods and chattels OF said plaintiff and obstruc
ing and hinderng and threatening said PLAINTIFFS
forming said PLAINTIFFS business, and thereby caus-
ing said piaintf great loss Inconvenience and preu
dice TO said painL1n; damages ST. 100000. The Erie
pandora box B not likely TO be soon exhausted.