New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-16
LOCAL MISCELLANY.
THE ERIE WAR.
THE RAMSEY sUlT-MR. RAMSEY DECLARED IN
CONIEMPT-

THE RAMSEY SUlT-MR. RAMSEY DECLARED IN
CONTEMPT.
In the Supreme Court, at Chambers, yesterday,
the suit OF the Erie Railway against Mr. Ramsey aud
Others came up for argument before Mr.. Justice Bar
nard on the motion to declare Mr. Ramsey In contempt
for proceeding with his suit againt the Erie Railway in
defiance Of the injunction Issued in this suit last Deem
Der.
Mr. Field moved that Mr.. Ramsey be declared in con-
tempt and an order OF reference made ascertain what
damages any. the plaintiff had sustained by reason OF
the dsobedIence OF the injunction.
Mr. Peckham in reply read adavits to the effect that
the Erie Railway had itself proceeded In the suit and
that Mr. Ramsey acted relying the decision Of the
Court the Of Schel agt the Erie Railway Com
pany -. .oth
ing the except they forced to 1t by the de
fendants they could wait and let limb BIO torn from
doctrine now claimed that the Supreme Court in one dis
trct could not enOin suit in another district IL was
sufficient say that in Rochester the deiendant Ramsey
had suit procured the Injunction or A. he claimed
SC suits they Thought n different proceedings none VI
which were Ia the Rochester district.
Mr. Porter recalled the different steps OF the proceed.
ing; the injunction originally issued by ms Honor ed
Ddite thought by him TO be such az should not Dc
continued except after argument on the 9Th Of Deem
Der they argued this notion and MS Honor tnen stated
that ground OF the Injunction was the relations on one
OF the counsel To avoid that they had shown that that
counsel had further connection with the SUIT tne
whole ground Of the injunction then was gone He MI
Porter had applied for postponement OF TINS n9on 70
March O. That motion had been granted but TO his sur
Tor an entirely different day. On that day he had come
and his Honor had directed an order OF seference 70
issue and matter to stand over till that Referee
report was made He had not seen Referees report
He had heard nothing further in reference to
Mr. Ramsey showed that he relied on the decision or
the General Term the OF Schel agt Erie Runway
Company That decided that suit in equity IN one dis'
trct could be restrained by injunction In another
district That the law Of this Judicial District made
by lts General Term. His Honor Judge Barnard had
been one of the Judges c0ncurrng in that decision ana
his assent TO the making OF that decision
Mr. Ramsey was surely justified In relying on 1t. HIS
Honor had himself ntlmaed at the last hearing OF THIS
proceeding that his Ramsay's, contempt was merely
technical As to the Rochester decision that was dis
tngushed from the other case In this that 1t was hnal
Judgment but at IL the law OF tina; district III
IL we're more then the plaintiff and his counsel were
themselves moving in this proceeding directly contrary
to that injunction. , , A.. 49, a
this district was not correctly stated and IN te second
place that the Rochester decision was later decson OF
The Supreme Court. That decision OF the seventh DIS
trct proposed tie up q proceedings IN inc FIRST
and Fifth Districts. There was good reas on Why ns
reference ordered another person d. Eatonl mar
not Proceeded. Inc Other sue %
Honor has misled US the commission OF an oHehse
That not true. .., ~, r,o,, ,ol,,,
Mr. Justice Barnard here interrupted MI Yield teihs
him 10 draw up his order and serve cory Oh the o'he
side and he would settle 10 next morning
MIR Field said he already had IT drawn Ut, anu pro
ceeded 10 read IT, Judge Barnard struck out the wore
+" willfulD and thereupOn signed IT, appointing WlarI
Rertlett Referee. The order adiudges MT Ramsel
Ouy OF contempt, directs reference 10 ascertain tn
plaintiffs injuries and adjOurns the proceeding 10 Slaci
3 at which time the referee IS to report