Legal Opinion

Paul v. . Munger

New York Court of Appeals

Decided February 13, 1872PublishedCited by 15 opinions

Appeal from an order of the General Term of the Supreme Court in the fourth department, affirming an order of the Special Term, dissolving a temporary injunction. The action was commenced by the appellant to set aside a compromise of four actions pending in the Supreme Court, and to restrain the sale of certain lands upon a decree entered in pursuance of such compromise. Plaintiff obtained a temporary injunction restraining the sale, which was upon motion dissolved.

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Appeal from an order of the General Term of the Supreme Court in the fourth department, affirming an order of the Special Term, dissolving a temporary injunction. The action was commenced by the appellant to set aside a compromise of four actions pending in the Supreme Court, and to restrain the sale of certain lands upon a decree entered in pursuance of such compromise. Plaintiff obtained a temporary injunction restraining the sale, which was upon motion dissolved. The order appealed from is properly reviewable in this court. (Townsend v. Hendricks, 40 How., 143; Tabor v. Gardner, 41 N. Y.,…

1Opinion of the CourtAllen, J.

It is conceded that this court has not unrestricted jurisdiction in the correction of errors, or the review of the orders and decisions of other tribunals. Its jurisdiction is regulated by statute, and is confined to the review of such orders and judgments as are expressly mentioned in the act conferring and regulating its powers. The jurisdiction of the court for the correction of errors, although the subject of legislation was prescribed in very general terms, and so as to. bring within its powers the right to review such errors in law or equity, as had usually been redressed in appellate…

2Cited by15 opinions

  1. James v. Board of EducationNew York Court of Appeals · 1977
  2. Overmyer v. Eliot RealtyNew York Supreme Court · 1975
  3. Mengle Box Co. v. Lauderdale CountyTennessee Supreme Court · 1921
  4. International Railway Co. v. BaroneAppellate Division of the Supreme Court of the State of New York · 1935
  5. Smith v. BallAppellate Division of the Supreme Court of the State of New York · 1910

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