Year: 1870

An INJUNCTION Ornnted Dy judge heHu-9uuTp


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Court of Quarter Se8ston8-Jtdges ALISON, LudIO0,


Petrce, and PdrsOn.


This morning being fixed for the hearing upon
Furman Sheppard's petition for a recount of the
vote for District Attorney in October, 1868, Mr..
Bdde, with Mr. Sheppard, appeared and said
that to-day had, been fixed for the hearing of
Mr.. Sheppard's petition, and as no injunction
had been granted to restrain this Court, he
asked their HonOrs to proceed with the hearing.
He explained that this morning at 10 o'clock
Mr.. Gibbons had applied to Judge BEAD for an
injunction to prevent this Court from going on
with the case, and, though Mr.. Sheppard's coun-
sci was ready to discuss the matter, Judge Read
said he would allow the Injunction without
hearing him. But as no writ had issued and no
security been entered, he desired the Court to
proceed. Judge Allison sent to the Supreme
Court for Mr.. Gibbons, who was still there with
Mr.. Meredith and Mr.. McMurtrie, his counsel.
Mr. McMurtrie came in, and said that the
Supreme Court had ordered an injunction
against proceeding here; the bond had been en-
tered and the actual writ would be served upon
this court as soon as it could be written. The
argument Of that case had been fixed for
Monday.


Judge Allison asked what the injunction
was for?


Mr. McMurtrie replied that it was to prevent
any further litigation of this case, or any inter
ference with the final judgment given by the
Supreme Court.


Judge Allison desired to know if the injunc-
| tion was to restrain this court?


Mr. Bddle said it was virtually such, though
it was directed against his client. The truth of
| the matter was that on Thursday last notice of
| the application for an injunction was given to
him as Mr.. Sheppard's counsel, and they ap-
peared in court this morning to argue it. But
| Judge Read said he would allow the writ of in
| junction without hearing the argument, fixing
| the discussion of the matter for Monday. No
| writ had been served as yet, and he was not
| bound to take cognizance of that which was
| only in course of preparation.


| Mr. McMurtrie said it would be tarcical to
| say that the action of asuperior court would
| not be observed simply because there had not
been time to write out its mandate. But the
| order had been actually made by the Supreme
Court at Nisi Prius forbidding any further liti-
| CATION of a matter in which they had given their
| Judgment; for when the Supreme Court affirmed
the decree of this Court it became their judg-
ment, and by their judgment Mr. Gibbons now
held his office. Under these circumstances he
| did not think it would be just or decorous for
this Court to force the case here to argument.


Judge Allison said that upon the information
received this morning. he had come to this con-
| clusion: that since u Judge of the Supreme
| Court had, upon the bill filed by Mr.. Gibbons
granted preliminary injunction for five days
under the customary rule and had fixed an early
day next week for the argument of that case
this Court, out of mere respect to the Supreme
Court, would not at present proceed with the
hearing. Upon looking at the bill filed in the
Supreme Court he found that it did not make
this Court q party to the suit, but was simply
between Charles Gibbons and Furman Sheppard
But in conclusion he would say that as the pro
ceedings certified by this Court TO the Supreme
Court showed that there were pend
ing questions of fact yet undecided
the reasons why this Court did not proceed tC
decide those questions at the time were that the
certorari had taken the case away, and it wa
thought perhaps the Supreme Court would give
such decision as would render further con
sideration of the matter by this Court unneces
sary. But there were precedents for saying tina
| NN.NfNN tlGtn Il inn ipin ftnn
should be made absolute, this Court might deem
it its right and duty to proceed with this matte
in the completion of its records. For the pre-
sent, however, nothing would be done until th,
Supreme Court should have decided the ques
tion, and then, if the way was clear, this Cour
Monld fix an early day for the hearing.