Allen v. Brown
New York Supreme Court
This action was tried at a Special Term in Otsego county, where the complaint was dismissed with costs. The relief and judgment demanded in the complaint were that the defendants be perpetually enjoined from removing the plaintiff from the farm described in the complaint, and from executing a writ of assistance to put the defendant, Underwood, into the possession of the farm, or from interfering in any way with the plaintiff’s possession, and that the plaintiff he adjudged…
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This action was tried at a Special Term in Otsego county, where the complaint was dismissed with costs. The relief and judgment demanded in the complaint were that the defendants be perpetually enjoined from removing the plaintiff from the farm described in the complaint, and from executing a writ of assistance to put the defendant, Underwood, into the possession of the farm, or from interfering in any way with the plaintiff’s possession, and that the plaintiff he adjudged lawfully possessed of the farm.,, &c. The complaint also contained a prayer for a temporary injunction. The title to the…
1Opinion of the Court
By the Court
Balcom, J.
The undertaking of the plaintiff’s surety upon the injunction was, that he would pay to the defendants, or either of them, such damages not exceeding $600 as they or either of them might sustain “ by reason of the injunction,” if the court should finally decide that the plaintiff was not entitled thereto. It was given pursuant to section 222 of the Code, and the defendants’ damages have been ascertained by a reference, as prescribed in that section. We have consented to determine whether the referee committed any errors in ascertaining such damages, notwithstanding the…
2Cases cited3 opinions
- Corcoran v. . JudsonNew York Court of Appeals · 1861
- Wilde v. Alfred & Louis JoelThe Superior Court of New York City · 1857
- Edwards v. EdwardsIllinois Supreme Court · 1863
3Cited by6 opinions
- Mitchell v. HawleyCalifornia Supreme Court · 1889
- Whiteside v. Noyac Cottage Ass'nNew York Supreme Court · 1895
- Maltz v. Westchester County Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Hotchkiss v. PlattNew York Supreme Court · 1876
- Langdon v. GrayNew York Supreme Court · 1880
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