Legal Opinion

Barnes v. Midland Railroad Terminal Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 1912PublishedCited by 2 opinions

Appeal by the defendant, the Midland Railroad Terminal Company, from an order of the Supreme .Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Richmond on the 22d day of June, 1912, granting the plaintiffs’ motion to enjoin the defendant from selling any of its real estate situated in Richmond county.

1Opinion of the Court

Jenks, P. J.:

The Special Term had the jurisdiction under subdivision 2 of section 604 of the Code of Civil Procedure, which it asserted, to enjoin the defendant from selling or taking any action to sell its real estate under the execution in question. And the order may be affirmed as made in the exercise of sound discretion. Bnt it is necessary to interpret the order as in no way effective to halt the plaintiffs in the action wherein the execution was issued in taking all steps in furtherance of it, including a sale thereunder. The action in which this order was made is against the…

2Cases cited4 opinions

  1. David Belasco Co. v. KlawAppellate Division of the Supreme Court of the State of New York · 1904
  2. Webster v. . Columbian National Life Insurance CompanyNew York Court of Appeals · 1909
  3. Raymore Realty Co. v. Pfotenhauer-Nesbit Co.Appellate Division of the Supreme Court of the State of New York · 1910
  4. Grammer v. GreenbaumAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by2 opinions

  1. Phillips v. MoellerSupreme Court of Connecticut · 1960
  2. Barnes v. Midland R. Terminal Co.Appellate Division of the Supreme Court of the State of New York · 1913

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