Van Wyck v. Alliger
New York Supreme Court
In Eguity. This was a bill filed by the plaintiff to restrain the defendant, by injunction, from the commission of waste. The plaintiff was the vendor and the defendant the vendee of premises, in the possession of the latter- under a contract of sale. The other facts in the case sufficiently appear in the opinion of the court. The cause was brought to a hearing upon pleadings and proofs,
1Opinion of the Court
By the Court, Mason, J.
The common law doctrine of the courts, in regard to waste, was most elaborately and learnedly discussed by Lord Chief Justice Eyre, in the case of Jefferson v. The Bishop of Durham and others, (1 Bos. & Pull. 120.) At conimon law, said he, the proceeding in waste was by writ of prohibition from the court of chancery, which was considered as the foundation of a suit between the parties,. If that writ was obeyed, the ends of justice were answered. But if that was not obeyed, and an alias and pluries produced no effect, then came the original writ of attachment, returnable…
2Cases cited2 opinions
- Waring v. SmythNew York Court of Chancery · 1847
- Winship v. PittsNew York Court of Chancery · 1831
3Cited by12 opinions
- Williams v. Chicago Exhibition Co.Illinois Supreme Court · 1900
- Liskey v. SnyderWest Virginia Supreme Court · 1904
- Conners v. WinansNew York Supreme Court · 1924
- In re the Estate of De StuersNew York Surrogate's Court · 1950
- Van Deusen v. YoungNew York Supreme Court · 1858
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