The New York herald., 1874-12-02
THE ERIE RAILWAY INJUNCTION.

Granting injunctions one day in Erie Railway
suits and dissolving them next day were among
the prominent features characterising Erie Rail
way litigatt0ns under the old regime when their
suits 10 greatly monopOlzcd the attention OF the
courts. Almost as speedy revival, or rather
modlncation, reminding one OF those old times,
though here, happily, the comparison ends, has
been made in the case OF the suit brought by John
G. Angel against the Erie Railway Company, d.
recting the latter to show cause why receiver
should not be appointed to take charge Of the
tlfcates, bonds and stock OF the company. On
Monday Judge Wesrbrook of the Supreme Court
granted an Injunction restraining the company
from selling or using such securities from the
payment OF certain bonds or the interest on them.
AS basis OF application Tor such modification the
foiowtng afndavits were laid before him, winch
AFFIDAVIT OF PRESIDENT JEwETT
y Snd Goassy q N. YOsx ;hngh being
say of s
has psea sue such prs.dsn, since July Sa That me aspo
hs9:a granted By his Honor Mr. justice Wsstbroof ON
Mr. the
ss & a. SIX Gh he
ing that some two weeks since deponent became aware
Thence thai an an Injunction Be applied for,
st lei
g
Of inurns The credit and depressna the stock Of the
said BY sppmpsnS By tn thereof the
day 9 certain bonds Of the company hereto
q
sS q .s%
road This deponent distinctly alleges and charges from
h Rod
s said tns saP as 1S se %
this action that ne mere agent and instrument Of the
for. obtained and served in the manner aforesaid
psny. solely to promote the fraudulent objects and and
purposes Tor which the said action was brought and 70
the said and for the sole purpose deiang
& ha % q ns % snd a s
and y ase ,aSdnsn and
inlunction that the pendency thereof even for few
to the prejudice and damage Of the company, and may
comp any are peing admin,siered BY himself aud his
and strictly According law as @ al are aavised
psay ens sSh ana n s Il au
in he sSavs and in tie De
III ss
length aud IN the in the s pre@ses M more "
3. COLEMAN Notary Public
AFFIDAVIT OF WILLIAM BUTLER DUNCAN.
:a stsF ssR fMqy Know
the contents thereof and believe the same true.
ss'S On S:s'ni
minstered to the best advantage Of the company and
art hs hs % Il At
hap' rreparaOe damays f q s9s sa RuTs scAN
Sworn to before me- this lst day Of December, ls74W
b. COLEMAN, Notary Public
JUDGE wESTBRoOK's MODIFICATION.
Having read the above Afidavits Judge West
brook speedily granted the following modification
OF his previous injuncton:-
Upon reading the afhdavits of Hugh j. Jewctt and
William Butler Duncan, and on motion OF Messrs Mac
larland Shipman. OF counsel for the Erie Railway
Company and sufficient grounds appearing therefor,
so much OF the injunction order granted by the
3Oth day Of November. 1874 prevents the said defend
ants. the Erie Railway Company o any OF its officers
or financial agents from paying interest moneys
OF s BONDS due this day or dschargng any OF its Pc
cuniary obligat tQns is hereby revoked set aside
j. r. WESTBRook, justice supreme Court.
DECEMBER l, 1874
NEXT STEP IN THE PROGRAMME.
OF course, the above modification is no settle.
ment OF the question as TO the appointment Of 0
receiver to take charge OF the stocks, securities
and bonds referred 10 In the original application,
full details OF which were given in yesterdays
HERALD. This matter Will come up for argumen Mt
in Supreme Court, Chambers this morning.