New-York tribune., 1870-10-21
THE COURTS.


T., tho supreme Court mt Special Term, yes
,av hefore Judge Barnard the case entitled Ramsey
I rho Erie Railway was called Thiss the SUIT brought
NV Mr. Ramsey on the 2Jd Of November iast IN De"ho
County charging Fisk. Gould and Lane, win III 'no
acts complained OF since 1867. From Judge MURRAY 10
attained an Injunction restraining them rom uo'k ny
thing as directors Of the Company and forbiddug ,he
IN employ counsel to defend the road on 'noir o'"a
o davs later the same Judge granted an order appoint
ING n reeelyer One director was not enoinen, anu an
attorney appeared for him TO represent tne n
sgsnst UpJn .nR RAMSEY, r his attorneys Eaton Taller
and the attorney who had Iepsuften'cbb psut cba-oine
Company in opposition nSrranv 10 to defraud and
iniure the Erie Company by eclnsme s' @ iniunct}on
cCllusive appearance ana sneS restranus Ramsey
Eaton and Taller the prosecution OF the SUIT odSu
application was also made TO !age was granted
Mr. Ramsey did not think the cross sut % Wns % az hIs
portanec and acting under nerotos ine ws had been
served upon him. for which violation Judge nd m
sed him 600 Fisk Gould ana 1r n slaWare County to
this county and it was placed on ,no Spe s this order
df % nere % % tU thc order aaiudging Mr. Ramsey in con-
tempt and timing him 5000 both OF WHICH "PP0'' "''
now pending before the General Term A., o..a ,ros
On Z the 6rst day OF the present term the case was
reached and set down for trial YESTERDAY IT was nc
coTdngiy called Mr. David Dudley Field renresenIing
the defendants moved that the trial go on Mr. Tracy
who appeared for Ramsey asked ,t sS ordr hr
changing the place OF trial to this county had been ODD
ained by default while there stay OF proceedings
change the place OF trial had been Appealed rom ana
were yet undecided; that the iIuneloh, or wv 1 h;,
since which made it necessary for him to confne him
self strictly TO defense, aud appeals rom motlo , NJ
against him and motions set aside orders tnat BIZ
Dorman r. Eaton the lawyer who was Knocked down
and nearly killed in February last ana VINO supseIu1nS
went 10 Europe for his health, was necessary
and the trial should be postponed until his return anu
finally that owing TO his submission TO 'he terms & oi iS
Injunction he had made preparations Tor trial. Wh
preparations would require some time as they inade
necessary examination OF the ppIRs ths Si nd ce @ %
testimony Mr. Tracy said he would be anxious rof tria
"qs Mr. rn FeG GT in nc opposition to the affidavit Of NJ Ramsey
and the statements Of his counsel read an anialn y
Mr. Eas managing clerk Se In eoTs hSa made Hy Ramsey
Eaton and Taller to have an attorney III thelr interest
their sult and the difficulties his employers had to obtain
recognition the counsel of the Company; tai on lne
of adjournment and then appealed from it, serving on
the defendants on the day previous TO the arguie AZ
vacate this stay Ramsey got second stay. which was
served in NewYork at the very hour set for me agu
% tom and inny that he is informed and believes that
Nj Eaton viii not return until next spring. =. Al,
He said that should at least be delayed until the APP
peals from the order changing the place OF d1 ana 'o
Mr.. Field offered to stipuate that the injunction
the trial of the suit Of Ramsey against the Erie Railway
Mr.. Tracy said that the stipulation possessed 30 legal
and was a mere sham He would require month TO pre-
pare for trial II they had gone to trial the other side
Injunction one violation OF 1t had cost them $500, and
they did not desire TO have repetition OF The hne.
Mr. Field claimed that the trial should not ne posi-,
roned The action was brought in good faith, and
the plaintiff should be held to the consequences Ihey
had asked for postponemen on three grounds FIRST,
that there injunction restraining them from al
for the trial and third that Nh Esons testimony was
needed .,
The Injunction granted by your Honor, Mr. Field said.
they have treated with the utmost contempt They
have not obeyed N in any respect They have made
show OF obeyng It after you lined them for disobeyng IT,
although they pretend that Is VOID ana tney nave he
certificate of how many counsel do not know 10 that
effect. Their afidayt says that they have confined
themselves tD answering our motions ana have not
taken any proceedings on the offensive. They have
moved Sir several times to set ASIDE pIoctedlng- Ihat
is an affirmative proceeding ana IL + MOI true nc,orns
to their statement that they have confined them
snae hat if there be- any Preense Of Objection
arising ont of this Injunction 1t shall not he held to pre-
vent the trial OF this cause THIS cause was called tht
first ay OF the present term, and they have had ample
time since prepare. But If there he any difficulty on
To- .uch day next week and be tried Ny clients have
been subjected to the greatest aspersonsIet us see II
and ask that this cause be tried ana not 90 oil until
The next objection s that you don't know whether the
is here or in Delaware County When case Is e'
peals! 1t has been decided here, and let and
try il. They want TO go into Delaware County because
they think they harass my clients there. They
here where M clients are and If there is any truth in
their complaint they prove il here Lastly they say
Insufficient They do MI say what they expect 20 prove
by Mr. Eaton During most of the time covered by their
complaint he had beeu the counsel OF the Company and
therefore he could not lie witness If they wanted his
testimony why did MT they take il eomssiOnl These
things if the trial Is DELAYED, will be rumpeed through
the press 90 the hurt Of my clients II Will be IN t0in0r
rows papers. nay ia this afternoons papers, these ras
calsanyt is lawful to do against them it will
be said that these rascasthey put word before ras-
nd sS & TI NOT wan wan f to f Ty ii their We desired to Try
this cause and if they were not prepared let the com
Tuesday Wednesday of next week. let it be set
down Tor that day. but not ~ over to another term or
Mr.: Tracy in reply said it seemed that the real pass
Messrs Gould and Fisk The impression mankind, he
said ia that they set of men who pursued their
purposes and how their peace OF mind could be dis
commoded by judicial trial do not see The cause
standing there does not hurt anybody IL they want to
revive it, the trial will do it. think If the reputa
regard To changing the place of trial IL is not TO he said
that justice cannot he done anywhere outside York
man ia not bound go outside OF his county Ia
try his case, if he does not choose There some things
He Mr.. Field holds this Injunction and claims that he
can let it np or put it on, lust as he wishes Is AN IN
act of the Court Where did my learned friend get
with the consent Of the Count but The Court makes the
Injunction not the counsel III he Is at liberty to apply
not process to stop man. but is process TO put him
in the hands Of another and leave IT to MT tsks coun
ing the affidavit Of Mr. Ramsey. which he had read
Judge Barnard said that when the case was called for
General Term should decide the two appeals already
in it. He was assured that they would decide the
down for Tuesday next decmng the aitdsyits Of the
absence of witnesses insufficient.
The Of the Erie Railway against Eaton. and the
against Ramsey, both growing out Of this suit and
alluded 10 in the above report, called and also all
journed until Tuesday
An OPINION FAVORABLE TO IRE ENGLISH HOLDERS or
ERIE STOCK.
I'm the Supreme Court al Chambers, yesterday,
before Judge Ingraham, in the Of the Erie
Railway Company against Heath, Raphael, and other
English stockholders, motion made by the defend
ants about month ago To the from the SUI
prerne Court tho United Court, the ground
that they aliens Judge Ingraham yesterday
granted the notion and delivered the following opinion
1893 do not tnk the petitioners
Under statute M the defendants
the application snt the cannot be i.de by