, 1874-10-13
RAILROAD NEWS.
Tie Rockford, Rock Island u
st. Louis 1tUnd.


TIE ROCKFORD, ROCK ISLAND e ST.
LOUIS RAILROAD.
a motion was nlato yesterday morning before
judges Drunnond ai,d B'o1Kolt 10 set aside MI
order maao about Six woaks ago tliHu1Ballly tho
bill! of tho Now York Trust Company w. Tho
Rockford, Rock lslntld & St. Louis Railroad
Company. Last spring tho bill VIVA iilod 10 fora
close mortgage for ~, ,00O, COO I'll tho property
of tho railroad. A demurrer wn8 flied Oh tho
ground tllat tho six months 1iattntiou prescrib-
ed by Tic terms Of tho mortgage as q condition
prsccdont Ind not elapsed Binco default lad
bcon mado iii tho paymont Of intercat. Judge
Blolgott uphold the demurrer, and no leave hav-
ing bceu asksd to anoud, dismisued tho bill.
Five ttnya after, OIL Notiao given. JtMlgo Trun1-
bull, who appeared for tho complainant.
asked leave to have the caso ro!r,statc. to amou,
and to file supplemental bill. The Judge granted
tho cnyo to roiuntn.e a,ld nn.ot!d M II n1Atter Of
co,lrae, holding that tho complainant Ind right
during tho term to e]oot wilothar ho would eo,,-
tiuuo Ills suit. Permission was aso given 10 iio
d supplemental bill, which WIS dono.
During those iivo days. afr. Ntckcrson, n bond
holder filed bill IN Henry County to forocloso
this Ban,o mortgage, ct Tho uaino time askng for
q lteceivor. Tho motion wna heard for Il Ie
caiser, md Il. II. 0ab,o. tho President, mil
took rosachk0l Of tho road,
As Hoon ns this caso was rcinBtatei, objections
Noro filed 10 this Order tho dofennulB alleging;
TINT proper notieo had mt boon giyon; that tnoy
were out OF court, tho caBo having beon dH-
iniasoa absolutely; TINT proceedings had bcon
begun III the Stale Court, nnd 4 1oceiyor ap-
l'ointod tlloro. thereby giving tile Stato Court
Jurisdiction and also TINT lo supplemental bill
should bo iilod tulcss d written copy OF tic
amendments was given tlio other party 1Ist.
Inst Thursday waB set for tho argument on
this case. but, tho JHl COS being ongasctl III Tho
day morning, therefore, tho motion came up,
md Tho caAo YRS opened OF tho pnrt OF tho de-
fontn..ts by Mr. Charles OHborno, OF lluek
Ialaad. Ho took tip tue oD1ocsiona already flied
in detail, and argued tAen ut lougll,, quoting
q lasge n,l1nbor OF uutloutiap In support Of his
position. IL such caacs. ho argncd, full notlco
should DO given If such aa order to rcinstarn at
all could bo mn1u, while III the prcgenr case only
part Of u day had boon giyon. IL regard to tho
complainant having tl:o TORN IN which to elect
to a1ncnd OF MOI, 1t was urged that this waa not
tho Eh,ne III cl1nncory a3 lit levy that il it wero
dcroRatury to the interents Of parties aeoking to
urod a loBa. tho time might bB cut shorter tlan
tie torn, or i'll nlnttor tending to help putty
e.!fores right, or vtel rights had ntorvercd it
miEht DO eSrc1tdea bbyonh tho torn. Morcnror,
It Ito right wcre granted 1t shouli Lc limited to
tho to it wns made, and not be allowed to rcate
bacl; to tho bill no ~ to cover tho intarragnnn
OF live dayH. Dir. Osburno alEo cont2t,tlud that
The supplemental bill did mt ni,ow good eal,ac
that thu complainant only had right 10 begin "
snis nftor ttu 1ht Of August whom tim nix months
ell OIL tho original bill, md il tho lntior wore
bad, 70 would the former be.
Judge Trumbull. OIL be1nlr of tho complain
att, tcgaN Ills nrGl,!nont about ! o'clock, but did
not conclude, aud will continue this morning.
Tie case will probably occupy all day.