Tyler v. Hamersley
Supreme Court of Connecticut
Petition for an injunction to restrain the respondents, as State’s Attorney and Clerk of the Superior Court, the one from praying out and the other from issuing any process for the execution of an order of the court for the commitment of the petitioners for a contempt in disobeying a peremptory writ of mandamus issued by the court; brought to the Superior Court in Hartford County, and reserved, upon a demurrer to the petition, for the advice of this court.
Read the full summary
Petition for an injunction to restrain the respondents, as State’s Attorney and Clerk of the Superior Court, the one from praying out and the other from issuing any process for the execution of an order of the court for the commitment of the petitioners for a contempt in disobeying a peremptory writ of mandamus issued by the court; brought to the Superior Court in Hartford County, and reserved, upon a demurrer to the petition, for the advice of this court. The facts, which are sufficiently stated in the opinion, are the same with those of the next preceding cases of New Haven &…
1Opinion of the CourtHovey, J.
Courts of equity are clothed with jurisdiction to restrain, by injunction, proceedings at law in all cases where, by fraud, accident, mistake or otherwise, a party has obtained an advantage in a court of law, which must necessarily make that court an instrument of injustice. In cases of that description the restraint may be imposed to stay trial, and after trial and verdict to stay judgment, after judgment to stay execution, and after execution to stáy money in the hands of the officer. But after a judgment an injunction will not be granted to stay its execution, unless there has been fraud…
2Cited by19 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Kardy v. SHOOK, J.Court of Appeals of Maryland · 1965
- Le Blanc v. City of New OrleansSupreme Court of Louisiana · 1915
- Hurley v. CommonwealthMassachusetts Supreme Judicial Court · 1905
- Paulk v. Mayor of SycamoreSupreme Court of Georgia · 1898
14 more not listed; retrieve them via the Exa API.