Palmer v. Foley
The Superior Court of New York City
Motion for reference to ascertain damages under an undertaking given on the issue of an injunction. The action was by Francis A. Palmer against John A. Foley.
1Opinion of the CourtVan Vorst, J.
By the order of Justice Sedgwick, of December 17,1873, leave was granted to the plaintiff, within ten days after the service of a supplemental answer, to enter an order dismissing the complaint in this action on payment of costs.
*192On April 21,1874, the plaintiff’s attorney paid to the defendant’s attorney $100 costs, and a stipulation was signed by the attorneys for the respective parties, that the action be discontinued without costs, and that an order to that effect be entered, and on the following day an order was made and entered at special term discontinuing the action.
Such an order must…
2Cases cited2 opinions
- Pike v. ButlerNew York Supreme Court · 1848
- Leavitt v. DabneyThe Superior Court of New York City · 1870
3Cited by2 opinions
- Hayden v. KeithSupreme Court of Minnesota · 1884
- Vanderbilt v. SchreyerNew York Supreme Court · 1882