Legal Opinion
Bolton v. Thacher
New York Supreme Court
Decided January 15, 1926PublishedCited by 1 opinion
1Opinion of the CourtFaber, J.
The defendant opposes the motion on the ground that the order" of reference was improperly made in this action and should have been made in the Injunction action, citing sections 894 and 896 of the Civil Practice Act. The assessment of damages is not a proceeding in the injunction suit (Lawton v. Green, 64 N. Y. 326) though, for motion practice regularity, is properly to be made in the same court (Wilson v. Dreyer, 65 App. Div. 249), and it may be made “ otherwise ” than in the stated ways. (§ 894.) The sections merely provide a method of speedy ascertainment of the damage (Kelly v. Myrick,…
2Cases cited6 opinions
- City of Yonkers v. Federal Sugar Refining Co.New York Court of Appeals · 1917
- Lawton v. . GreenNew York Court of Appeals · 1876
- American Exchange National Bank v. GoubertAppellate Division of the Supreme Court of the State of New York · 1909
- Kelly v. MyrickAppellate Division of the Supreme Court of the State of New York · 1923
- Wilson v. DreyerAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by1 opinion
- Humber v. National Surety Corp.City of New York Municipal Court · 1957