Peck v. Yorks
New York Supreme Court
Attachment for an alleged violation of an injunction. The plaintiff was a judgment creditor of Anthony Yorks, and brough his action in the nature of a creditor’s suit against him and the above named defendant, and another, The defendant was charged generally in the complaint with having in his possession and under his control, a large amount of property, securities and money, belonging to the judgment debtor.
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Attachment for an alleged violation of an injunction. The plaintiff was a judgment creditor of Anthony Yorks, and brough his action in the nature of a creditor’s suit against him and the above named defendant, and another, The defendant was charged generally in the complaint with having in his possession and under his control, a large amount of property, securities and money, belonging to the judgment debtor. The injunction enjoined and restrained the defendant from interfering, meddling with, or disposing of any of said property, &c., and in addition thereto any property in his possession or…
1Opinion of the CourtJohnson, J.
The injunction as originally granted, by its terms restrained the defendant from disposing of any property in his possession or under his control, whether it was or ever had "been the property of the judgment debtor or not, and had there been no modification of such injunction, I should be inclined to the opinion that there had been a technical violation of it by the defendant. Unquestionably the injunction was improvidently granted with so wide a scope, and was very properly modified, so as to operate only on property to which the plaintiff could possibly lay claim. But this is of no…
2Cited by6 opinions
- Schell v. Erie RailroadNew York Supreme Court · 1868
- Taber v. Manhattan Ry. Co.The Superior Court of the City of New York and Buffalo · 1895
- Warder v. ShufeldtNew Mexico Supreme Court · 1936
- People ex rel. Interborough Rapid Transit Co. v. LavinNew York Supreme Court · 1928
- Taber v. Manhattan Railway Co.The Superior Court of New York City · 1895
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