The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-19
THE ERIE LITIGATION.

Two suits have been commenced against the
Erie Railway Company. the hrst by J. {. Bancroft.
Davis, to foreclose the NTH and supplemental
mortgages, which are really one, which :nere
are about $780, coo outstanding; the other b. the
Farmers Loan and Trust Company. TO ioreclose
the two consolidated mortgages issued In 1870 and
1874, the first or which the complaint AYERS
that sic, $50, 900 outstanding ana on the Sec
ond OF which $4,000, 900 are outstanding. Inc
interest on SIS, 600 600 of these was que June l
and the company made delauI upon IL. ON both
suits foreclosure IL asked, and on botn sui MIR.
5ewett nas . Ieen appointed receiver r. ON giving
that amount. The order granted on the second
suit Is made on the aIndavlt OF x. z: Roileston,
nled are the complaint In the nrst mentloned suit
aud the order and tue amdavit OF Mr..
mentioned suit. The order In this second
mentioned suit appoints exJudGe James c. Spen-
Ger referee, with authority whenever, though
not oitener than one a month. Mr.. Jewett desires
him, TO pass his accounts. Mr.. Dorman b. Eaton,
on behalf or the bondnOlders Of the BUFFALO, Brad
ford and Pittspurg Railroad. twenty-three and
one-quarteT miles long, on wncn S2,uOO,OOO or
bonus have been issued. guaranteed uy the Erie
Railway, puts In an answer claiming the protec-
lion OF the court.
SO far IN relation to the above suits, but the above
mentioned prsllminaries are indications OF lively
summer campaign when the matters once aet
before the courts.
THE TAMAIANY SOCIETY MANDAMUS.
lively discussion was anticipated yesterday IN
Supreme Court Chambers, before Judge West
brook IN regard 10 the alternative mandamus
granted few days since against the Tammany
Society at the suit OF Nelson J. Waterbury, one or
the members. Augustus Schell Joel Stevens,
Thomas Dunlap and several other prominent
bachems we're present, with their counsel, Mr..
Henry l.. CInton, ready 10 make return 10 tue
writ, aud thus bring IN issue the question or the
right OF Mr.. Waterbury 10 nave the mandamus
made peremptoIy. The alternative writ, as pub
as Will be remembered the representation
made bg Mr. Waterbury that the society was about
TO institute proceedings to expel hin; that there
was no Justlnable oasis for sucn procedure, and
That the mandamus was necessary 10 compel the
society TO rurnlsh him with a copy " the provis-
ions under winch sucn proceedings were being
taken. An injunction accompanied the aterna.
tive mauaamus RESTRAINING iurther actioa Ia the
matter until the society furnish Ar. Waterbury .
Dopy or the Constitution ana bylaws demanded
~ MN.
Ex.Onief Justice Barbour represented MIR.
Nateroury aud asked al adjournment ON the
ETound ui the absence vi Mr.. waterbury at Albany
y the argument Oh u case before tue court Of Ap.
reals. Mt. CLINTON opposed this application, IN.
nstLL9 that lnasmuch as MT. Waterbury himself
liked on the day wnen the return should ne nade,
ne was Doand TO De present or nave counsel act
Tor him, aud iurther III vlsw OF the Iacs lnas lne
action OF tile society was restrained by injunction.
Judge Westbro0k said that II tue nearing was
insisted upon he would be bound 70 near them,
Mr.. waterbury present. rne nearing was nnaly
postponed one week, and tue crowd Of sacuems
lett, appa ently not over pleased at the delay.
MARINE COURT-GENERAL TERM.
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