The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-08
SUPREME Clu4l-cnAMnElS.
More Litigation Ac;,iust the Erie Railrcad
Compnny-Applicat.on lor Pcreniprcry aIau.
onmus.

More I.itisnticn Acuiust the Erie Railroad
Compnny-Application for Pcreniptcry Mau-
dnmus.
Before Judge Barnard.
Tse People the Relation Of Franklin IT.
Ctarc1isI rs The Erie Raihood Company, jog Gouid
ana Horatio n. 0,ts.--Thc motion was argued at
length yesterday for percmptory mandamns to COM
pei the Ere railroad TO allow the relator free access
10 their transfer books The previous application
for an alternative mandamus, ana which was
granted By his Honor and made returnable yester-
day, made under the statutory provision allow
Ing stockholders access to the books OF corporation
within thirty days OF The time of an election, under
penalty OF $3.50 for refusal Mr.. Churchill In his
affidavit states that he is the OF ninety sha
OF the prefe red capital stock OF the company; that
an election for three directors IS TO be held on
Thursday, the 18th INST, and that he desired access
that 81 other stockholders at the time or the election.
He says further that lie made application to Mr..
Gould, the president Of tie company ana to MIR.
Ot,s, the secretary, 10 be allowed to examine the
books In which the transfer OF its stock Is registered
aud also tue book containing the names or It's stock
holders anu that the applications were refused Tho
company denurs to the mandamus. Mr.. Gould
makes return that nc has not control OF The books.
and dl not deny an inspection to Mr.. Churchill,
which the relator demnrred.
MIR. William NJ. Evaris. counsel for the relator, in
sisted that the stockholders OF the Erie Railway
Company, as Of any corporation, had perfect
right at any time TO seq and examine the books OF
the company. They had tas Ind!sputabIe riglt.
through virtue or the pecunary interest they had
the company and AS proper protection OF such PEE
cuniary right. He quoted legal authority on the
point and then urged that the Conrt had competent
jurisdiction 10 enfera peremptory mandamus, and
ne desired 1t to do so.
Mr. David Dudley Field, counsel for the railway
company, declared That Mr.. Evars had made out 10
case. He insisted that practice required that these
demurre should be treated rs ordinary demur-
rers--that IL, put or the calendar AMI noticed
argument giving fourteen days notice.
Mr.. Lvarts renslsted that the Court had perfect
right to issue percmptory mandamus. The thing
the company wanted, and TINS its olly de-
fence, was the fourteen days This would extend
the time over next Tuesday, when mandainuS Tor
less. IL mattcred not whether Mr.. Gould had per-
sonally refused to allow inspection CT the books.
Tc duty was one imposed by statute on the railway
Mr.. Field replied that all the company sought was
Its legal right, and that the Court must grant It,.
The papers showed no allegation oil proper de.
maDd on the Erie Railway Company, but this was a
matter for argument TO which they could not be
called without due notice.
1t was held by the court that ,f the facts had been
originally presented for pcrempiory mandamus
one might nave been issued, but as The plantiA had
chosen the present course the demurrer must be
regularly noticed and go on the calendar in the
usual way.
The Brown and Duryea Estate. Agaiu in
Court.
Before Judge Cardo2o.
Miss Z. =. Broom rs. Tim Lereredge AMI II. n.
Du7yeu Trustees Of Estcte OF ". 8f0qca ana s. b.
Dtryed--Tiis case. which has been SO
often IN the courts and the details OF which
have been repeatedly published, came up
again Yesterday motion by plaintiff
Tor the payment OF certain moneys alleged 10 be in
The hands OF Mr.. James Il. sweeny, recently ap-
pointed receiver OF The joint estates. Other issues
also came up, among thenIan application by ,ar. IL.
Il. Duryea for $1,000 claimed 30 be due him. AM
davis aud counter atlldayts were presented ana
speeches aud counter speeches made by The some
hal; dozen lawyers, including Mr.. NJ Evafis, repre-
senting the variety OF interests. The Judge took
the papers.