New-York tribune., 1870-11-02
THE COURTS.
HRAMsEY- ERIE LITIGATION.

THE RAMSEI-ERlE LITIGATION.
RAMSEY ACT. THE ERIE RAILWAY COMPANY,
AND THE ERIE RAILWAY COMPANY ACT.
RAMSEY
The appeals in this case were both decided
Yesterday when the General Term for November wes
convened In the appeal from the injunction obtained.
resranin yRausey from prosecuting his suit, JUDGE
Cardozo writes the opinion, PresdngJustce Ingrahsa
eoncurrry aud holds that ait is pevfeetly well settled
that injunction will not Issue to restrain the prcse
cuon of an action pending in thu Cout unless appsas
from special circumstances that rec cannot be hac by
motion orpetition in the cause"
In tho appeal from the order changing the place OF
trial TO SHE Circuit, Presiding Justice Ingraham writes
the opinion. Judge Card eoncurring and affirmed the
order bnt without costs The Jadgs first reste5 the
noticed motion TO be heard Delhi the 10th May
of a S S snn S M tho ae q @ hes Rs
served notice OF motion for othsS relief to be heard
order staying proceedns on the INST motion until the sec
Ond motion heard. This order was served On the
evening show the xt day at Binghamtoa,why
this ast stay Of proceedings should not be vacated The
plaintiff not being abl, prepare papers and cato Bing
hamton to oppose this last noticed motion, applied to
Judge Peckhan at Albany, aud obtained or,er stay
trial until the hearing OF the motion for the second
Monday Of June This ordee was served on the Sst OF
9st of May obtained an 0rsr vaeatng the stay served
bs sce Of trial Ramsey then made mo
ton yacate this last order the groun Of irregular
ty which molten was csnied. aud this ID tho appeal
1t cannot be said Judge Ingraham holds, that the
o proceedings made NJ Delhi on twelve hours notice
after serving papers at Albany that the stay OF
ceedngs served at Ne sYOrk at about pa OF the st
of May to prevent the making Of the npton at Delhi or
BinghamOn paper and orderly proceedings can-
sisent with due administration of Justice; and IL
had the this appeal both should be set aside,
and the pages rented to the hearing Of their gnal
notion But that cannot be done, aud the only question
that be raised this appeal ia whether the dafend
ants irregular in taking their order TO change the
place OF trial at Binghamton without knowledge OF the
counsel attending to that motion q any stay Of proceed
in New York. think his proceeding not Irregular
To give the order staying proceedings vitality II should
have been served III time To be communicated to the
sci acting at the Court where the motion made
This could not be DONE appears blythe aidayits on
the part ~ the plaintiff and tho order therefore sent
To and even there was not served uht ABOUT
the hour of making the motsQn In BinghamtoD.
IL may be laid down as general rule ahat whoso te
party waits and paper the day when his de-
fault for the want Of may be regularly TAKEN and the
default Is taken that day In good faith, and without
knowing Of the service, will not inquire or take notee
of the fact that the ssce was at an earlier hour ia te
day than the taking o tho default the allieaSt on te
part of the plaintiff shows that II impossible 10 get
the between the service of tue order
to show and the departure of the tram Tor Bing-
hamton To oppose the moton bus they do not snow mat
they could not have sent them Va time - ask Tor an a
Journment In order to obtain r 10 prepare such papers
aud there IA no reason to suppose sueA tune would nos
fact above 10 should have been held sufficient 10
have allowed rohearng ul tha motion on the neslts,
but tho appeal from that part o tho orer appeaeo from
having besa waived by the appei,nG we es1not m, sustain
be aifrmed, but without costs
APPEAL FOR THE ORDER ADJUDGING RAMSEY IN
CONTEMPT.
IN The Supreme Court, at the Geberdl Term, yes
oriay, appeal heard by Preling Justice Ingra
ham and MI Justice Ca dozo from the two orders made
bv I"dco Barnard, tao nrst adladsng MI Ramsey In