New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-10-18
THE COURTS.
THE INGERsOLL SUIT.

HTR. uAyEMEYER,s STANDING IN COURT EsTAB-
LIsHED-A STAY OF PROCEEDINGS PROMISED.
The expectation of decision from Justice
Ingraham In the Ingerso case, and the probable ex
animation OF the defendant, drew large crowd to the
Supreme Court Chambers yesterday Mr.. Root OF coun
sci the defendant stated that Mr. soughton was I'M
svodaby absent and that tho understanding had been
that In OF his absence the matter should stand over
till Friday Mr. Barrett said the understanding was that
the matter should not be pressed until Thursday In case
Of the necessary absence OF counsel.
Judge Inraham-Under Rule u OF the court, the
parties have right to the examination Of the defend
ant but decline pass upon the question Of the con-
sttutonallty Of the act; and the other question,
whether the party can maintain hs action On the trial
In one case do not think is proper TO be decided on
such motion this and In the other follow the rul-
ing Of Judge Barnard But nasmuch as there are many
other questions which arise here to be decided IL the
parties At TO appeal and will file their notice In SUI
cent time to have the brought on at the next Gen
era Term on the first Monday OF November will grant
an order for O stay.
Mr. Barrett-W your Honor not hear us az to whether
| you will grant the stay Of proceedings or mott
Judge Ingraham-No; will grant the stay. You may
take an order for the examination Of defendant and the
other side may take an order denying the motion to va
cate. Let the be adjourned till next Monday at IL
| No., and enter your orders In tho mean time.
1t was generally understood In the court that though
the plaintiff maintains his position In court aud gains his
point OF the examination Of defendant before trial. the
fact that the cannot possibly be reached before the
elections makes the result Of yesterdays proceedings
virtual triumph for the Ring Of which the defendant
honored member. The following Is Judge lngranAms
opinion: r., u,,o, l., 1o,,,,s R,r,,rs decided tina,
tn, plaintiff had standing could mauan the action
TAXPAYER behalf Of and others who should cone IL " PLANTING
t o., oct oct Of of 1854 chapter sI toS
m S 10 hin Ike 9 n sTSS .ysp
'T $S Ss a%n. Rspt1 or G'1 s s. 'sG
MADE By Sgss s 1 q: CO, Ss. q RT nG
there should Ie decision The General Tern OSs any Con
c. n ca q FS m0 *. t .ss,1
on nsS Letter ans cd GS
SssS 1. LSs, G. Of s. GS on
before he 1s :s,ys4 .,
o SS' iss t91 Se = sSo% hat PH
sG%%f then, SsIa' to ss .a
demurrer the ts but whether be or not cannot 30 tried
sgs be inquired into on 'S' SGs T S"T
s Of the Code and the 2 rule SECTIONS 38s and
n9 S S SS under qd SSeR0' section &C S
bSo. % The sss"S 81 70 Ss
SlTS proceed Psdg TSs General Term q this bss
ST. That sue; cST CS be hid 1e,
unless The provlons should be considered altering the
practice 3 .P for Ps :Sd son SS1 I eaI GH
eoye sought prepare rs complaint .ntwer must diGO'e tho
nef i the object /: to prove ,ter issue.
ing IT, dnsespIisd properly Included in ssl
right examination 10 frame pleading the Tue
right either therefore be conceded
framing this rule and bound by it, provisions
IN 30 Bsrb The only
whether the judges In Convention had the
which would e in conflict with the previous decisions
| Of the
authority this Convention contained the act relating to the
1870 g CHI i8 which provides for the
meeting the Judges aud adds Such Convention shall revise alter
abolish make which shall be binding all courts OF
record, far they be applicable to the practice thereof
little doubt hut that this provision sufficient to give full
power and to extend the provision OF section sl TO
sn cs =; aS SP @ The cods
Of before trial il became matter Of
The under
consideration intended for that and binding the
application examine the defendant must he granted
As them the
General Term, the General Term will he held
II the defendant wishes appeal from this order
proceedings had provided be sppeas ohVe the case
| noticed for the merit term.
The examination Of the defendant ordered aud the motion 70 yAtAte
| the order therefore 70 denied