The New York herald., 1870-01-08
THE RAILWAY WARS.
Another Hove in the Albany and Sus-
quehanna Nght-Motion to Vacate
Judgment-Ihe Contest to be Car
ried to Orleans County.

Another return to the charge has been made by
the attorneys IN the employ OF the Courier and
Church faction, IN the Albany and Snsquehanna
dlrcctorshlp tight. THIS warfare has grown TO be
an intolerable nuisance, ana can result only in
staining the ermne OF tie judiciary, crammng the
court calendars and filing The Golfers OF the legal
'titers" who earnestly working for the yin-
dica.ion OF justice ~ and tneir fees 1t VIII be
menbered that on the last Thursday in December,
1869, decision was rendered by Judge f. Darwin
smith In the Supreme Court, in Monroe county, in
favor OF the Ramsey faction, deciding that the
board headed by j. rlerreponr Morgan and Joseph
II. Ramsey were the duly elected and legal direc-
tors or the Albany and Susquenanna Railroad Com.
pany and referring the matter to Samuel L. Sci.
den, or Rochester, TO pass upon the accounts OF
tho receiver, and upon hearing OF The
parties a6 Albany to ascertain what would
he proper extra allowance TO be made TO
the Ramsey party, and ordering the Church gang,
to let the directors" declared 10 be the duly
elected parry into immediate power In the railroad
ana directing the receiver transfer to them ali the
property ana assets In his hands belonging to the
corporation, retainlng only the proper allowance
for Tees.
The attorneys of the Church-or Fiss-'.gang',
now give notice that they shall move at the Supreme
Court at Albion, In the county OF Orleans on the
ceedings and Judgment entered on the a1st OF De-
cember, 1852, and 10 require Robert L. Banks the
fisa-Church receiver TO retLke possession or the
property.
TGe attorneys in the employ OF the Church men
FIsks party ntend TO move ror the setting aside
or the judgment upoa the following groun:s:-
That the a. sail aeged Judgment right. and
hsr direction Of The Court inat an appeal had been duly
ana served staying procsednss And we sha Also the
nke the teQ bp 81
sa aa me- accsps papar PuGn iH b
papers purportng 70 be udgnsn. roll ss Irregular and i'm
proper npga Inc opndf aaons Others that the said alleged
parties IN thc sction that the entered without
without stating amount III: IL rectas
IF a and o aM 5 ns I .
nor nor the said Judgment embraces AZ the issues IN
S Joseph T. kamssy and md oisss ss
n Au ~ ssaa @ s s. doe:
those q the which parport decac The
the stockholders entitled 70 at the election sep
ss @ s.ss a s e ss.s nat % ID. .S
acsea Judgment n refers 70 re,erse questions -he
the alleged Judgment provides Tor extra allowance in
addition to costs has been thersor. If
the mo:ion ID set aside, vacac and hle
sad alleged decision judgment snc Judgment roll be dened
papers tina, the said alleged Judgment, be aside
TIE said deesloa aud ndings sent back to uase who
Tor sucl other and further relief may be just.
Accompanying the notice OF the motion to set
aside are numbers OF the usual style OF aildavits
ana orders rom friendly justice, In favor OF the
fisK-Church crowd. Robert J.. Banks the receiver
oil the -iatter party states In his AFFIDAVIT That he
was served with certified copy CT Judge SLnitn's
decision on the morning OF January |, AT two
O'Clock, and that at tea A. Nj. OF the same day he
WA seryed with copy OF affidavit ana notice OF
motion and stay OF proceedings made by Judge
Barnard and that in the coniict OF orders and
judgments he IS ignorant OF what his duly Is IN The
matter. On tie ist OF January Justice PeckhaIn,
at Chambers, In the city OF Albany, on aldavits
Dlde before him, ordered as follows:--
Olderei thai said Robert L. Banks, such receiver
liver Joseph Ramsey president of the board directors
saii the safe thereof the
hereof IN his Possession, ntcr his CONTROL ia biz
hands belonging TO said corporation retaining from the
IN his hands all proper allowances tor fees
other charges to be adjusted the judgment
ths Court IN the or fhe Peops The Albany
uehnnna Railroad Company and Others entered In the
Monroe county CLERKS office tho 3ls day of December
1852
The Church. Fisk attorney concludes by stating as
foows-
sent in this action review, before
Term OF Mr. Justice Smiths decision and alleged judgment
nave examined the opinion Of Mr. Justice E.
Ia this case and have doub; that 1t be lhown
General Term TO ne in every material respect erroneous
either in fact or ID law. NO notice whatever given
to my said law hrm any OF the defendants
whom they represent Of any or the proceedings be-
Tore ME- Justice peckhnm the 3st OF December last.
yesterday 10th OF january for the first time got
to the stement OF facts and conclusions OF law d in this
teral respecss, not only In states but Ia wha
omts 10 state and " the alleged judgment IL To stand
sssmen OF such statement opinion indtgpensa
TO the justice OF the case and the maintenance OF clients