New-York tribune., 1871-05-01
THE COURTS.
ERIE CASES IN THE u s. CouKIs,
nupr,s NAME WITHDRAWN FROM IHn I,,s "ln,,' coxl
AND RAPHAEL LirIGAIIon .,onno,v

ERIE CASES IN THE IT, T. oouhi'
,,,,,,s N,ur WITHDRAWN FROM THE hEAIh
AND RAPHAEL LITIGATIoN0uonnnv .oono,y 'oN-
TUw,Cy TO BE DISCUSSED Io-ho"Ao"'
.,'n U,;tod States Circuit Court on Sat
III ' ia Dudley Field endeavored, much TO the
u'' q, the spectators and the bar, to argue Judge
'a,h,ord into the belief that his decision upon the no
o,,s taken by the Erie Railway Company TO the pl'
an ooity OF Heath and Raphael Is substantially III ia'or
., tbat Company. In the course OF his argument upon
tbe effect of the decision, he requested tho ehry OF an
der decreeing that tbs plaintiffs be allowed to amend
, bs "a they may I've advised at any time within 30
d,s from this day. payment Of costs to this tne hut
~ the plaintiffs do not amend as herein allowed the pi
10 stand discontinued, with costs
Mr. Evarts insisted that decision is clearly In favor
of Heath and Raphael upon all OF the important points,
~ ro,ed that an order should beentercd, under the de.
ision directing that oil the demurTers upon to rccou
be oyCrrulod, and that the defendants having upon uo
~ e tn1s mon the ground that said Charles Burt is
improperly joined as party paihun II ls % .ra
% paVment by the defendants OF the costs OF the said
demurrcrs the record. but That thc plh,ns nne n
leave 10 amend by striking out tho name Of Charles Burt
as A coplain and the allegations Of the blI setine
forth his interest alleged slarehodcr OF the Eie
Hallway Company, and, therefore, the plaintls now
electing amend Is upon their motion ordered tat
such amendment he made accordingly upon the entry oi
this order by the striking out, by the Clerk OF mls court
from the bin on le the following words viz THAT thas
Burt of London, aforesaid solicitor ana lne ioiD"
ING words in the sixth and seventh folio. thereof VIZ
And that your orator. Charles Burt is the holder ana
owner of 20 shares of like preferred cati stock OF sad
,-.v for Xth he holds certificates for such shares
IN due form and signed by the proper 0iccr OF Sad
COMPANY with power OF attorney auhQlzhg @ lac trans @
fr ~ snch shs TO vour orator the SAID Cnarcs Bui
dnIy ovecuied by the PERSONS a. whose names such
shares stand registered in the books oi sad COMPANY
and which shares yor orator & 'ho hoo fia Of sud Com
pany has been prevented thereron by tne wloS - m
refusal of the said Company TO allow suc transfer W w
made 60 him upon the demand duly made therefor and
that the suit thcreupOn proceed WIN the saiu -.
the Injunction heretofore granted herein to the other
proceedings. Mr.. Evarts said that III liehenimnS ~ S,f M
order his Design have the suit in equity IN Ehcn
arese Goulds contempt and the questions Ieh'le& 10 ho
Coemans Recevershp, so settled III the records oi o
Court that matters moving out Of IL conducted uiucr
At the close of Mr.. Evarss argument Judge Batch BIZ EN-
ford said The bill Is sustained as to all but one OF ne
demurrers- relating to Burt DelhG ne ohy o1
allowed; and it follows, then that the 9 Is nnd
with the exception Of Burts mlSJolnder: ~ II aonn nt
ment IA matter Of course, will be permitted 10 correct
that Sins gle error will take the papers and ecns"er T
the form of settling the QrdeI but u VIII DC sc'Veo III
The order requiring Jay Goud to show cause why an
produce the Master in Equity the books OF the
Erie Railway Company then came up Mr: Lane moNea @
for adjournment Of the hearing on the orer io on s
week. on the ground principally, Oh ine Mpso4ye E9 "
said cannot without preudi"2 to my clients consent
| to adjournment for "a W,SE ! 90 not Inc ~ ~
AK t@0 Court 20 inSrap aO~ regular sTG n'' 5asnci
is moreover greatly to the interest % M ,ho
Lowe denied any intention of delaying the poccedlhRs
in the ease and stated that he had always eNinceu
|
Inuram of Incredibly OccasiOned by thlS ienark hau
subsidized. Judge Blatshford SAID - am uhWlng 10 % i
iouu This case; counsel in il getting too muc III e
habit shooting Parthian arrows at the Court y gong
off at critical moments Judge PcrTepOnt dcilDeIateiy
left after papers in this order had been server upon
him If the counsel the other side see t 10 consent
TO an adjournment until next saturday that is their
business Mr.. Lowe, have you any idca that Julkv k,v
PieIrepont really intends to appear again III tls Case
AFR. replicd 81 have made Ariapgrulenls " 10
over the papers in this case wh Judge flcriepOht y
other counsel appear viii conduct lhe case ~! ssh'
| / only want time to prepare the proper aihiayita'
The hearing the order was then hSed lOl oIhoro"'