The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-11-20
THE TYSON INJUNCTION CAyE
JUDGE BONDS DECISION.
Notion for On Ioiuncsion Refused
Special telegram TO ih3 Dispatch.

lkUtICN EOE N1k EDyuhcsAoh nSAussu
Special telegram TO lh2 Dispatch.
LYScuBuRG, VA, November 1S.-In The
Circuit Court to-day Colonel Baldwin
closed the argument in the Tyson iniunc-
ton case in mastery effort of four hours
duration. The court then tock a recess
until O'Clock. Upon the re0pening of the
court Judge Bond delivered the following
decision:
1.-THE court has listened with great inter
eat to the argument Of counsel in this
cause, and hesitates to express any opinion
until it has had opportunity to examine the
LARGE number of authorities TO which 1t has
been referred. Crhe court here gave Its rea'
sons for thinking the Atlantic, MISSISSIPPI
and Ohio railroad should be party.] Never
thelcss. so great pccuniary interests are III
volved in this suit, and the danger of los'
to one of the parties at, least if the proper
persons were made parties, would be SO
serious and immediate that the court is In
clined at ouce to determine the motion be-
fore it without attempting to decide any
of the other questions affecting complain
ants rights, which have been ela5orateiy
argued. and which will be more directly
before the court st the final hearing OF the
cause. What the court is now asked TO 90
is to cnjoin these new defendants, pro-
vided they are made pariies,-as they
should be Ivy a preliminary inJunctlon-
from proceeding to execute any o.
the powers and franchises alleged to
be granted to them by the act oil 18th
of June, 1870, pending the suit. This
is to invoke the extraordinary power OF
this court, which ought not to be exercised
unless the injury Threatened the complain
ant be immediate, serious, and irIepara'
BILE, and not then if the damage to the de-
PENDANT is likely to be greater than that
of complainant and equally imme'
diate. 1t seems TO the court that
the complainant has neither OF these
reasons for asking the court to exercise this
power in his behalf. Whatever has been
done by the defendants respecting tie stock
or property OF the Virginia and Tennessee
Eailroad Company was done, or was con
tempIatcd to be done, twelve months BE-
fore the complainant purchased bis stock
in TIC road, and the former owner OF ms
shares was participant in part Of he pro-
ccctiin.s which led 20 Getenl;lt] action.
Complainant had full notice Of what de
PENDANTS were a10gt 70 DO, aud II. under
thcs" circumstances, he purchased his stock
,;n q
Company he voluntarily put his Interest
in jeopardy, and cannot call upon the court
to exercise its extraordinary powers to
protect him pending suit to de-
termHe his jeopardized rights, which
had been III danger, ii ut all,
twelve months before he voluntarily
purchased them. 1t is manifest to the
court that the danger Of loss 10 defendants
in case the court should exercise the power
invoked, if at the faal hearing its judg
ment should he for DEFENDANTS, is likely
TO be more serious and irrcrarabIe
than any possible loss TO complainant
Credit is delicate thing. Confidence
Ia the power and right Of defendants tC
make the pledges they have made to raise
the money authorized by The act Of June
It'll, 1870, is absolutely necessary TO the
success of the loan. In this suit defendant:
have at stake millions Of dollars, while the
complainant, at the commencement OF the
action, had but five shares Of stock, which
he alleges in his bin are in immediate
danger of depreciation in value by defend
ants' conduct, which danger was not great
enough to prevent his purchasing fifty
shares more since the suit began. Under
these circumstances the court is Of opinion
that the complainant has no right to ash
the court to exercise this extraordinary
power. Whatever rights or interests The
complainant may have are In no danger
great or rreparable loss. They may be fully
determined and secured at the final hearing
without the aid of preliminary !DJunc
ton, aud the court will refuse tue motion
Judge Riyes delivered an oral opinion
concurring with Judge Bond, expressive
his views more fully on the questions III
yolyed.
The refusal OF an Injunction does not al
feet the final hearing OF the cause, which
will be matured at the next term OF tht
court, in March next. The whole subject
will then be finally settled 80 far as th'
Circuit Court is concerned.
1t is sulhoritatively stated that Iysor
Will pursue his legal remedies.
The decision is approved by the com
munity generally.