, 1873-06-02
Tie Attempt Of tho Lattor to Use The
Track of tho Former into"
tho City Of Elgin.
Judge Blodgett on the 1ntolerable M
Practice Of Forever Amending !.
and Altering Records.
An 1uquisitive Counsel is Enlightened as to
Rractice in Bankruptcy Regard
ing Deposits for Foes.
Judge Drummond 0verrules the Demur-
rers Set Up by Indiana Stock
holders Of the Republic"

rers Bet Up by Indiana Stock
holders Of the "Repubno.."
Tho case Of Wiley. D Chicago Northwestern
stookholdor, Y. tho Chicago Pacific Railroad
Company. camo up on Saturday before
Judge Blodgett, sitting us. United 6tatos
Circuit Judge, for injunction to roatain
the latter Company using . portion OF
tho track Of tho Chicago & Northwestern Com
pany in the City Of Elgin. Mr. Cloudy Appeared
for the complainant mud Mr. RunYan for the do
fendAnt.
h11. Cloudy stated tho circumstances Of tho
caBe, and Desired q delay before fnrthor argu-
mont. I
Tho Court asked Mr, Runyan 1t tho1o was any
objection to delay.
MIR. Runyan said that he would ask for d bond
to cover any damages thatthe railroad might sus-
tain by its boing stopped by these proceedings.
As ho understood 1t, tho works, aa we1l us the
case, would remain in statu quo. Although tho
land had boon duly condemned, tho condomna-
tion pricc awarded, and tho Company prepared
to pay tho money and go on with tho grading,
tie Northwestern Company now brought tho
matter into tho United statea Oourts for injuno-
tion.
A1r. Cloudy said TINT ii tho other side had any
doubts as TO tho ability OF tho complainant to
meet any domand that might DO made upon him
for damages, tho complainant would be prepared
to furnish such bonds as tho Court might deem
proper. -
MIR. Rupyan said ho knew nothing whatover
about the complainant, whether he was ro-
eponBiblo or irresponsible, and ho should
demand sufficient bonds. Tho only information
he had about hlr. Wiley WAS that ho WAS Now
York gentleman, O atockholdor in tho North
western Company, who had suddenly appeared
to posscss deep interest in tho affairs Of tho
Company, as soon Us its land had boon condemn
ed for tho use OF tho Chicago Pacific Company.
Tho Court asked whether Mr. Runyan would
oonsidor $40, 600 . sufficient amount to cover all
possible damages.
hIr. Runyan said that amount would be guill-
cicnt This caao is rathor peculiar one. Tho
Chicago Pacific Railroad Company, Wishing to
enter tho City Of Elgin. institutod proceedings
in tho Kane County Circuit Court to condemn
certain landB for tho purpose, owned by
tors Elgin ut the city limits
precisely + a,S where the g Chicago Rsco
milton OF forty-two foot OF tho Northwestern
track from tho city limits as far ne Lake street,
and all of Its track but eight feet from Lake to
piviaion street. The proceedings taken resulted
and the damages being awarded. Tho Chicago
& Pacific Company thereupon proceeded to sond
mon and material to the city linits to go on with
hs % %a aaS ans hSf @
OF resisting what it considered an act OF nggres.
eion, took advantage Of D low not often resorted
to, and brought these proceedings for IN in1unc-
strain tho Chicago Pacific going on with
the work. The Northwestern now aaekg delay
to prepare its argument Of tho case. -
Mr. Goudy, in reply to the Court, said he
should be prepared to *. on with the argument
on "Wednesday, and, Nj. nunyan consenting, tho
Court directed bond to bo filed for $40, 600, to.
day, or tho Chicago & Pacific Company to have
power to proceed with it's work; the case being
SGT for hearing on Wednesday. ::
voLUMIEoUg AND UNNECESSARY A11ENDMENTH. .
III MoComb Y. West and Anderson, suit to
restrain tho defendants using certain improve
menta to complainant's patented hoist for build
tnER in course Of erection, tho Bame being alleged
to constitute an Infringement OF tho patent, q
point Of some little interest to attorneys came
up, on Saturday, in tho Unitod States Circuit
Court.
mr. Sutherland, for tho defendants asked
leave Of the Court to put in additional afida-
Wits md amendments to the amanded bill, and,
permission being givon to road them, ho did 80,
accompanying the reading with tho explanation
dor to mako complete record.
J. The Court asked the complainant'a counsel
whether be had any objection to tho documents
Q4lDE uleQ.
Counsel aaid ho decidedly had. He described
tho tardy manner III which tho other side; in
his opinion, had taken necessary steps, and re-
lated that he had filed an answer, IN amonded
nnsTeF ;,n9aa and supplemental and
these. Ho did not object to giving tho othoz
side al tho accommodation he required Of . rea-
eonable character, but this WINS not reasonable.
The amendments proposed would etIectuany ro-
construct the entiro defense, md was most oh
joctionable. ="
Tho Court said TINT it WIS very undesirable
that attorneys. should intiict on the Court theso
vas very dlicuit to follow t1em, and The result
WAS sometimes embarrassing. In this case, for
example, tho amondmonts consisted, In some
ceases, Of a1terations Of tho language, exist;
1t would be better il Mr. Sutherland
would take his amended answers and rewrte
them 80 that al1 his amendments could como be.
fore tho Court in plain and unmistakable shapt
III. Sutherland said ho had only latoly taken
hold Of the case, and had to straiton 1t out. The
interlinehtions were only three, and he did moi
anticipate the Court would find the embarrasa'
u1ant he feared when ha came to look ut them.
Counsel for complainant said that II tho Court
granted tho application he should suggest thai
shoad the md md tfG1 d
tolerate Tie pfaosico Of amending and re
amending, and amending tho reamonding
There must be limit, and Il shoSld stop At th
supplemental answer. II attorneys wished t.
go further, thoy must go backward, aud rotraot
their steps with more care. In this case, tn
attorney must put his amendments in concret
form, and for that purpose he gave him httoel
days. .
OF INTEREST TO CREDITORS.
Creditors Of shhky business men will road th
following with interest:
On Saturday, IN attorney, representing hrI ''
that desired to flo supplementary pesi
tlon against IN alleged inaolvent, wher
the original petitioner had succeeded II
onoot,ng aottiemcnt, and hid withdrawn iron
Blodgett and Propoundod tho question whether
IN the event Of hs filing supplementary psti
tion, tho sum Of money deposited by tho origi
nal petittonsr (supposing him to have withdraw {
by stipulatlon) would bo held by the Clerk t