Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-07-29
THE INJUNCTION CASE.
Postponement to Next Tuesday.
Counsel ON Both sides Agree to q Con.
tfnuance.

This morning, there was quite q large attend
ance OF members of the bar and citizens present
in the Equity Court, Judge wylie, to hear the
proceedings in the injunction case Of Grant et
o. agt. Cooke et a., and at early hour the
counsel on both sides were present; Messrs. W.
;. Cox, L. j. Durant and j. j. Coombs fer COM
plainants, and Messrs. W. A. Cook, Caleb Cush-
ing and >. l.. Phillips for defendants.
The Court having called the case, Mr.. Cox
stated that he understood that the other side
would make an application ior a continuance.
MI. COOK said; " IL the court please, / am for
inmate in having associated with me in this case
Hon. Caleb Cushing Mr. s. L. Phillips, and Mr..
Nathaniel Wilson. Upon consultation, we have
deemed 1t proper to ask the continuance of the
case TOR few days. / have prepared an affida-
Wit setting forth the grounds of continuance,
which will read IL the court desires it; but If
understand my brother Cox correctly, there viii
be no objection urged to a pOstponement to
Tuesday next. The grounds OF continuance are
able"
The Court said, If such were the fact, there
could be no objection TO a postponement; and
inquired of Mr.. Cox If a postponemeut would be
satisfactory, and If he regarded the application
as reasonable.
Mr.. Cox said he so considered il.
ing the case TO Tuesday next.
The following is the affidavit of Mr.. Cook,
not require il.
ALBEIT GRANT ET AL. agt. H. d. COOKE EFT AL.
AFFIDAVIT If VIM. A. Cook, Esq, Attorney for De-
Before me, X. j. Meigs, Clerk of the Supreme
Court Of District Of Columbia, this 18th ,iay of
July A; D., 1S7l. personally appeared William
case for the defe ndants, and that the Hon. Caleb
Gushing, Samuel l.. Phillips, and Nathaniel
Wilson, are associated with him on the part of
the defendants That the preparation of the
answers of the defendants and Of the case gene
rally has been entrusted TO him. That he has
used due diligence to have the answers and
necessary exhibits and afidavits which have
fnGrr and
pared, but has been unable 10 have the same
completed so as to bring the case of the de-
PENDANTS fairly before the Court. That among
the reasons which have delayed the prepara-
ton of the answers and ACCOMPANYING papers
has been the necessary absence fromthe District
OF several OF the defendants. That three of
to show cause in this case was allowed, and that
IN ovder to bring the case TO a hearing as speed
lily as possible, he accepted service for the alb
sent defendants. That one of them il still an
sent, and there has been no Opportunity for
consultation with two of the others; and that II
was only last night that an interview in relation
to the case could be had with one of the principal
defendants, who had been out of the city at the
tune the rule was allowed, and whose return
was necessarily delayed. That there are
statistics and facts which he regards as very
important for the defense which cannot be COM
pieted before Monday next. That Immediately
upon ascertaining that a rule to show cause had
been granted he directed the preparation of these
statistics and facts, well as all other necessary
papers, and employed persons to arrange and
complete the same, and that they have been dill
gently engaged in doing 80 since Tuesday last and
are to-day engaged thereon. That no written copy
OF the complainants bill has been furnished to the
defendants or any of them, or any of their attor-
neys, and that it was only on Wednesday that a
printed copy Of what purported to be the bill of
compliments, without an affidavit, was handed
him by young gentleman who, as he believes,
was acting for one Of the ATTORNEYS of
the compliments; and that he has endeavor-
ed TO have the answers and papers pre-
pared IN order that the case might be heard to-
day; but has not succeeded in doing so. That
no protracted continuance of the case is desired
and only brief delay is asked in order that the
case Of the defendants may be properly pre-
sented to the attention OF the court by answers,
exhibits, affidavits, aud other papers. That ii
Is his opinion, as well as that of the other
counsel named, that they cannot proceed to-day
with the hearing of the case with Justice to their
clients. And he further says that all of the de-
PENDANTS have been anxious to have the case
heard to-day, and they have not desired a con-
tinuance If 1t was possible to avoid it, and that
they are all anxious for a hearing as soon as the
same can be had with proper regard to the
interests involved in the case.
(Signed) WIZ. A. Cook.
Sworn and subscribed the 18th day of July,
ISL, before me. Test. X. j. MEIGs
by j. o. Clephane. Asst Clerk