The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-02
THE RAILWAY WAR
The English Shareholders in the Federal
and State Courts.
The Boston and Erie Company
i'm Bankruptcy.

In the United States Circuit Court yesterday the
cases affecting the Coleman ana Robinson receiver
ship Of SEQ, 54 shares Of Erie stock claimed to be-
long to Heath and Raphael, the English share
holders, and the petition Of Jay Could who has SOC
| up claim to thsse shares, was again called up be-
| fore Judge Blatcnford.
| Mr.. Southmayd observed that MI. Robinson would
I like IN adjournment, in consequence OF theabsenca
OF his counsel. MI. yanderpoel, and with regard IA
the petition OF Jay Gould 1t might become necessary
to send for aiidavits to London Both parties con-
sented to an adjournment for two weeks, and coun'
sci asked the Court TO in this arrangements.
Mr. I. G. Buckley. counsel for Mr.. Coleman. said
| he was satisfied with this arrangement.
/ Judge Blatchiord remarked that II counsel found
1t necessary to have any Iurther MODIFICATION ne
would grant 1t, as it was ms intention that the
reference before Mr. White should be proceeded
with without delay
Mr.. SOuthmayd-rne examination VIII probably
occupy considerable time.
Mr.. Buck ey-we viii do all we can to facilitate Q
full and complete examination.
| The case then went over Tor fortnight.
! THE BOSTON, HARTFORD AND ERE RAILROAD
! The case 0f the Boston, Hartford an Erie Rail-
road Company was before judge Woaisuf Ia the
United States Circuit Court yesterday it came up
James Alden against the Boston, Hartford and Erie
Railroad Company. The petition Is Tor review OF
the adu iicaion Ia bankruptcy IN tue District Court
o. Connecticut against Inc railway company at the
suit or James Alden
Counsel made a motion FOR the review on the
grounds, flrSt, that by the proViSOnS OF the Bank
ruptcy act ana the General orders issued under 1t,
the case Is one where The islrcr Cont VIII en- first
acquired Jurisdclo Ion must fetaini exclusively, and
thar the pllor pettonlng creditor IN bankruptcy In
another district Adams, was tne proper
party to show that such exclusive jurisuic-
ion had been created in this case, and,
secondly that wherever Nns,rp PROCEEDINGS s,.i N
under a recent agreement with debtor, aud tnat
he omitted to make valid defence which actually
existed, Ii was open 10 MIN, or 20 any third party
sho might be niuronsly affected by me coIis,i.nna.
ton or such proceedings, 30 nave right to come in,
and, upon proper Application. be admitted W the
I Court TO de.end against nm al law.
counsel Tor the various interests concerned were
heart IN the express ion OF then views upon the
case, which has not yet reached conclusion.
THE ENGLISH HOLDERS OF ERIE RAiI.wAY SHARES.
pany came up in the supreme Court yesterday
before Judge Cardozo. pursuant 70 adjournment,
the 900 shares OF Erie Railway Stock calned by
| Englsh stockholders and his sureties aud insifuc-
tons as To the disposition 10 should make OF them.
Mr. De COSTA, appearing Tor Mr. Coleman, sad he
understood the SUIT har been discontinued. lie
had al least been so normea oy the counsel on the
Mr. T. O. T. Buckley urged on behalf OF Mr.. Cole
mans suritles that they should a. oacc De released
frcm their bonds.
Mr. William Al. Evaris spoke on behalf OF the Eng.
lish stockholders, and recici the present taius OF
the case before Judge Blatchlord, Or tne United
Judge Fullerton took up the cudgels for the Eric
| Railway Company.
Batchlord that the state court Could at any Tune
discharge the receiver. He could moi see what adj
vantage there could DC n al orier discharging the
RECEIVERS bonds; that II the United states cuur held
thai the transfer OF the case Conferred jurisdiction
over The receiver, and also over the sure
ties on the receivers bond tnen the sur.
render OF the bona, or even its actual
destruction, would not deprive the parties inter-
ted in Ii Or nelr rights IN taat courl under the
bond. He would think tue matter, and II he
saw occasion ~ grant The motion he would see that
the parties Interested were promptly notified.