Bertha Zinc & Mineral Co. v. Clute
New York Court of Common Pleas
Appeal from special term. Action by the Bertha Zinc & Mineral Company against Frank M. Clute, as assignee for the benefit of the creditors of Lucius Hart, impleaded with said Lucius Hart. From an order denying a motion to vacate an injunction during the pendency of the action, defendant Clute appeals. Affirmed.
1Opinion of the CourtBookstaver, J.
This action was commenced on the 16th August^ 1893, by the service upon the defendants, Hart and Clute, of copies of the injunction order herein and the papers on which the same was granted, together with the undertaking on injunction and the summons and complaint. On the 29th of the same month the defendant Clute, as assignee, moved to vacate the injunction order upon the papers upon which it was granted, which was denied, and from that order this appeal is taken.
As the motion was made upon the papers upon which the injunction was granted, the allegations in those papers must be taken as…
2Cases cited15 opinions
- Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
- White & Williams v. PlattNew York Supreme Court · 1848
- Chace v. ChapinMassachusetts Supreme Judicial Court · 1881
- Hathaway v. Fall River National BankMassachusetts Supreme Judicial Court · 1881
- Woodruff v. FisherNew York Supreme Court · 1853
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3Cited by6 opinions
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- City of Atlanta v. York Manufacturing Co.Supreme Court of Georgia · 1923
- Murphy Varnish Co. v. ConnellNew York Supreme Court · 1894
- Novelty Manuf'g Co. v. ConnellNew York Supreme Court · 1895
- Lederwerke v. CapitelliNew York Supreme Court · 1915
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