The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-12-29
CO. WINS
ANOTHER POINT
Studebakers Permitted To Withdraw
Injunction Bill But Are Greatly
Restricted As To New Suit.

A new suit will be fled by the
Studebaker Automobile Co. within a
day or two against the EMF. Co..
based on the selling contract existing
between the two concerns up to q
short time ago.
But. by the order drawn MP by
Judge Swan. and TO be signed We'd
nesday afternoon. the powers OF the
Studebaker Co. In filing this new suit
are greatly circumscribed. The bill
must be fled within 10 days and In
this court. and no suits may be start
ed in regard to this subject matter.
the selling contract. in any other
court.
The victory, therefore, appears to
still rest with the EMF. Co.. up to
this point in the litigation. The case
will have to be fought out mere In De-
troit In the federal court. and the
Studebaker concern Is prevented from
starting other and harassing suits
against automobile dealers handling
EMF. cars all over the country.
The Studebalxer legal forces have
kalnCu tnG dutdhto6O vi OChh6 aOtO
to shift their plea from a bill In
equity. In which an Injunction was the
relief sought to bill In law In which
damages running up to millions In
the aggregate may be asked for. The
law bill may include damages based
on the entire three-year period Of the
selling contract or on a shorter period.
While Judge swan had informed the
attorneys for both sides last Monday
| that they did not need to appear IN
court to hear his order read Wednes-
day morning, there was goodly squad
of lawyers present nevertheless. A
surprise was sprung when Judge
Swan declined to allow the plea OF
the .Studebaker Automobile Co. to
withdraw the bill OF complaint and
dismiss the suit without prejudice.
AS his reasons. Judge Swan stated
that the Studebakers could. with this
suit dismissed, bring suit In other
court jurisdictions. Such legal pos
sibility would be unfair on account Of
the large interests involved.
Immediately there began fight by
Attorneys John s. Miller, OF Chicago
and Otto Kirchner and Henry M. Dur
field, Of Detroit. on the part OF the
! Studebakers, to secure amendment o.
the Judges decision. Miller argued
first that the judge had not the rign
to decide as he had done, accordins
Ito the law and the precedents.
aThis complainant proposes to en-
force It's rights, to enforce It's contrac
I'm the circuit court OF this jurisdic
ton. or to recover damages from tn'
defendant" declared Miller.
Then the Studebaker attorneys de-
clared emphatically that there was
neither an intention to back out o.
the fight with the EMF. nor tc
hester the defendant with litigation
elsewhere. Attorneys III. z. SpaIdine
and L. M. Butzel replied and tnere
were lively spats
Finally Attorney Kirchner proposed
compromise by which the Stude
baker Co. be allowed to withdraw Its
bill on the understanding that 1t con
tinue the proceedings by new SUI
To be lled ut once. the affidavits taker
in regard to the. first case being usec
In the second 1hd no other suits &c
he beRun. and this was agreed to.
Attorney Duffield objected to the ad'
vertisements Of the EMF. In the
press OF the country. saying that that
concern was trying to get the Stude
lhaker agents away from that concern
Judge Swan decided that no advertise
ments bearing upon the htgatiot
must be printed.
Kirchner declared that the new
Studebaker bill will be fled Thurs
day, II possible.