Hall v. Sexton
The Superior Court of the City of New York and Buffalo
On application of Elizabeth A. Hall, plaintiff, an injunction was issued to (restrain Mary Sexton, defendant, from cutting off plaintiff’s sewer connection, which was continued pending the action; the order continuing it being affirmed by the general term. Thereafter, on plaintiff’s application, the action was discontinued on terms with which plaintiff has complied. Defendant moves for a reference to ascertain damages sustained by her by reason of said injunction.
1Opinion of the CourtTruax, J.
Section 620 of the Code of Civil Procedure provides, in a case of this kind, that the party applying for an injunction must give an undertaking, executed by him, or by one or more sureties, to the effect that the plaintiff will pay to the party enjoined such damages, not exceeding a sum specified in the undertaking, as he may sustain by reason of the injunction, if the court finally decides that the plaintiff was not entitled thereto.
The defendant contends that the discontinuance of the action by plaintiff is, in effect, a decision by the court that the plaintiff was not entitled to the…
2Cases cited3 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Johnson v. . ElwoodNew York Court of Appeals · 1880
- Hope v. AckerThe Superior Court of New York City · 1858
3Cited by2 opinions
- Wynkoop v. Van BeurenNew York Supreme Court · 1892
- Grainger v. SmythNew York Supreme Court · 1893