New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-11-11
THE COURTS.
ruE RAMSAY ERIE sUIT-MoTION TO SET ASIDE
JUDGE BARNARD's ORDER DIsMisslNG THE
COMPLAINT.

FIX RAMSAY ERIE sUIT-MoTION TO SET ASIDE
JUDGE BARNARDs ORDER DIsNlsslNG THE
COMPLAINT,
In the Supreme Court, Chambers. before
Judge Brady yesterday morning, motion was made ON
nchsIf AZ Nj joseph H. Ramsay, set aside the order
Diminishing the complaint which made by Judge bar
uard when the case was called for trial last month Inc
case was oa for trial several times aud adournmeh's
were made the request OF plaintiffs counsel VINO ashe"
delay the ground that appeals from one or TWO oueIs
aado against them pending and on the lu ,
rround that they were prohibited by Injunction iron
taking any proceedings in their suit on the 2SI o aS
month the day 10 which the trial was last sYE they
with the notice that 10 would he tried lfrSH'VIS
again asked delay which was refused Jhey then p,
sm1uon that Judge Barnard leaNe tne u, odered
that he biased which motion ne ueeu ~,
that the trial proceed. After consultation, MI cpf
counsel decided not to brSseSGS as axe howcSe being
r1ycu 10 Open the default on Monday next 10 WHICH u'
thc cause was adjourned 10 fix the judgment. 4. ,o,
The pinutin-s counsel now make this motion 20 oiv
the default urging the grounds on winch an sevoi
uent of the trial asked, namely mat they SelV
ioined from taking any proceeun.s W w NneaIs from
cav, az the dale xed for trial. and thai the alpts III
nc of1Ir RSmsav in contempt were undecided and
on the further ground that the cause OF Justice h
roncr administration Of the laws OF the land anu le
honor Of tie Judiciary Of the state" require that sa
De ITIpan Tremain appeared FOR Mr. Ramsay and.
sf,r rCcitinc numerous authorities 10 support Ine oIo
stion the default could I've OPENED ~ my 1e, ~
cited The facts IN the case ana said thaI 1uSe paI
when dsns,ng The complaint h3a IfosSeJS1 WtTg o
rinanr h suit iu bad faith by way of retaliation and
,oyeur, and without having much interest IN H. HIS
sbfuf he said, an honorable member OF the par ana
t-r ho had enioycd the highest honor or the state,
90 aud protested his good faith ana Integrity Inc
counsel FOR the Company asked his extra allowance.
g. Tudce required affidavit showing the yalue or
tb nro,ery involved and declared that he would allow
a. nv cont This said the counsel, VIII be I'VE per
ut On S1NlRgOO0 This transaction occurred IN the
,ucteerth century ana before the Judicial tribunal OF
rsope hO boast uf their civilization and justice Ian
t,ce fails when attempt y made 10 characterlzt H.
Ncc flc record closes. We sure u VIII open WIZ
tnIcial opening OF such default with an appropriate
Judgment upon the proceeding. We anticipate IL mere
tron this court. That II must come sooner or later Is IN
tlItshC. .,
Nh David Dudley Field, in reply 20 Mr. cnain argued
tat the motion premature. the case having been
sdsurued until Monday next and the Orucr already en-
tered Do u not being final Uppor unity was presented
them t. open the default. 10 doubtful whether the
Injunction did restrain the plaintiff a. he Mr Field had
oftred waive II more tnan month before Inc sut
brought fOr the purpose ~ revenge ana was tne E
suit conspiracy. the very STOCK upon when u was
brought three shars Of aud ten shares OF pre-
tened stock. with bonds. having been bought Tor
Tie purpose with money loaned by Glocsheck VINO was
e ht the receiver OF the COMPANY There was 40 past
interest dne any 81 The bonds hut, nevertheless Ram
,ay had sworn that there The proceedings he
thought had rather extraordinary the part Of
he Plaintiff aud he had not hestdcd 20 violate the III
muc ol. except when NJ could use II shield Al the
oncEon OF the argument Judge Brady reserved his dc
lsiOu.
Tor the plaintiff N,s>r> Peckhau & TIcruaiu aud Mr.
Charles Tracy; Tor tie Company, Mr. David Dudley
F.fi