New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-10-26
THE COURTS.
THE ERIE-RAMSEY SUIT.


CUTE, AND JUDGMENT is ENTERED FOR THE
DEFENDANTs WITH S5,000,OO0 COSTS.
In the Supreme Court at Special Term yes
terday morning. the OF Joseph H. Ramsey against
the Erie Railway Company called for trial pursuant
to the adjournment Thursday The suit brought
by Mr. Ramsay on the Esd of November, 1869, In Della
County, and charged Fisk, Gould and Lane with
all the complained OF since 1861 From Judge Muir
Mr. Ramsay obtained injunction restraining tnem
from doing anything as directors OF the Company ana
orbddng them employ counsel TO defend the ROAD on
their behalf Two days later the same judge grah'eu an
order appointing receiver. One director was no. en-
ioined and an attorney Mr.. Runkle, appeared ior nm
"a w. co,owonced n suit against Ramsay, his
attorneys, Eaton Taller and Mr. kuhke, vds anSS
ipuTe the Erie Company by collusiye SUIT and BY
collusive appearance. and they obtained an Qpdvo'
which was sustained argument restraining hamsay,
Eaton and Taller from the prosecution Of the suit An
application also made 10 Judge Balloon 10 nUttS
the original Injunction, which application was grantu
Mr. Ramsay did think the cross suit was OF any III
SnG SSs %S had eH served
for which violation Judge Barnard fined him sS P Pasn
says suit from Delaware County to this county and u
placed the Special Term calendar mere fUr me
order adjudging Mr. Ramsay In contempt ana nnng
him 5000 both Of which appeals are now pendng oeiore
when the case was called yesterday Mr. David Dudley
Field for The Erie Company Mr. Ramsey
davit BY Mr.. Ramsey to the following effect ,,..,,
injunction has in full force to the h Of October tneey
.: 20 sp s O1 he SSois De 6o%Py enable
S sT .S. pfss l TsS '9f
%f .cs :'f Ia. ;S't made xPS,
ys expense. he road SSs applied 70 Illegal -, p',; e!
earnings Daniel Dre. late Treasures that .
books III 81 n 10 'SSr sa Ss Of e OF al %
which soeoHt has ben made a since ans ~ nv se
Inspection would require ;se o four wseis complete Hs M, lie d
mo1al Injunction claims settlement Of the issues for
Mr. Peckham, after reading the affidavit, said y
seemed to him that it was matter absolutely unheara
is under uncon restraining him from taking sol
tary step in the defendants noticed the cause
been breach Of that Injunction which held in ter
his head until the middle Of the term when
the case is called for trial. and they magnanimousy
forward and say that they will LET up the injunction 1t
Just such as toei I've Sga ane
and asked no the Court from other tr
and eSy sSnS
pcit and would solemny protest against the idea that
was he had been perpetuay and absolutely en-
S nfnS Gns Pd hnFns he
got the plaintiff the hip at this term OF the Court
GSrS s MS &c e she 20 FL IS unjust % qa
able in every stage of the proceedings and protest
ali the earnesiness Of a full conviction OF my rights
Mr. Fied-will you allow me to te these affdavitsi
that he was approached by Mr. Ramsay obtain money
for the committeeman OF this suit; l., .,..o.oo
Mr. Fied-I am Just stating these afavs mere s els
conspiracy bring this suit That is grOundess base
less conspiracy by lawyer to get up SUIT that ne ad
Judge BarnardNI was going to state that at stage
Of this case appeared in evidence before me IN Ietaa
ton for suit that had been brought against them and
the susquehanna Railroad Company, that the basis OF
The suit an ae hooks S sRd PPess Of
the plaintiff exceedingly small and the interests OF
The remaining stockholders had not been nrsteG 70 1 ms
and again. for trial. That trial has been postponed The
aud he must have known when the charges that
he had the evidence or could get the evidence TO main
then the defendants are entitled to speedy trial The
MT PecShsmUDoes your Honor think that the vindica
ton of the character OF these gentlemen Will be complete
by such trial, at such time
Judge Barnard-If successful, yes, Sir.
Mr.. Peckham-I differ from your Honor wish to say
spect to this Court but say that not wish to
try this before this tribunal Your Honor has been
number orders, all of them against and, while We
do not mpngn your we sssea ana we
against this plaintiff at this time that IL Will be imposs
s for him. before TINS 70 @d psf resSecT bst
firmly express views that question, and ask your
Honor in justice to this plaintiff to allow this case
Judge Barnard-some time in the year 1863 it became
necessary application that was made 10 me In the
interest OF Commodore Vanderbilt, TO issue order
against these defendants along with Daniel Drew and
ming through eight nine months became neces
sary for me TO issue large number OF orders against
left the State was then told that they preferred some
other Judge In the following year the position changed,
and instead OF their being in possession Vanderbilt had
control of the Erie Railway and 1t became right IN pur-
OF what deemed TO be the law, to grant neees-
sary orders against him. and then It announced to
me from that side that ought 10 leave the bench do
these e centemeS nor do Know that have any against
them have the same respect for them that have for
Mr. Ramsay, whom know personally, that is the re-
spec to give them all the justice that tigant will get
in any Court And entertaining those views and feeling
that would be bad precedent TO establish for Judge
vaCae the bench on the suggestion OF lawyer counsel
Mr. PecRham-what does your Honor say in regard to
question OF legal right to have the issues settled
Judge BarnsIdgTRat should have been passed on be-
fore at Chambers; that is the place for it. ro
Joined from any proceeding in the case go
Mr.. Feld-I object 10 this catechisIn OF the Court.
MI Peckhan-The Court is able 10 take of itself.
Mr. Fied-I axiOus to proceed to trial, and think
this colloquy should he stopped.
Mr. Peckham-I should like 10 ask the Court
Mr.. Field-l object TO any thing further
this suit was not brought good faith my part.
Judge Barnard-I said at the time that on the various
papers that came before me gained the impression that
MIR Ramsay-May il please your Honor I am the iti-
CANT this have had the honor to belong to the
honorable profession OF the gentlemen around me for
ton and had II not been for ntimaton from your
obtained impression that this suit
mouth. What desire to say is that this action has been
brought in good faith. and am only prosecuting as
Erie Road. who sympathizng with and aiding Inc In
what believe to be laudable and Just effort namely,
eating the affairs OF the Erie Railway Company.
IL have standing In Court that Is one thing; but
believe the question has been settled by this Court at
Special Term before Judge Parker at Oswego that this
action properly brought Upon motion TO dismiss
stay OF proceedings, His Honor held that the cause
should not he dismissed and that proper at law
Now ~ TO the mOdus, all ask Is fair opportunity III
preparing TINS case, aud have brought this suit from
vindictiyeness If have brought this suit for any other
than audable and just motive am willing to sink with
it, and stand adjudged of having brought suit in bad
faith and without just cause
MIR Ficd-Does your Honor consider that there any
q Or "A reDlyf