Marcus Brown Holding Co. v. Feldman
District Court, S.D. New York
In Equity. Suit by the Marcus Brown Holding Company against Marcus Feldman and others. On hearing on application to show cause why an injunction pendente lite should not be granted. Application denied, and bill dismissed.
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In Equity. Suit by the Marcus Brown Holding Company against Marcus Feldman and others. On hearing on application to show cause why an injunction pendente lite should not be granted. Application denied, and bill dismissed. Hearing under order to show cause, dated November 18, 1920, requiring the defendant Swann, as district attorney, to show cause why he should not be restrained pendente lite from instituting proceedings or actions of any kind against the plaintiff, its agents, etc., for failure or refusal to furnish heat, water, elevator service, etc., to the other defendants; also requiring…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Several objections to plaintiff’s right to be heard have been insisted on and must be first considered.. [1] The bill (it is said) sets forth several matters of a distinct and independent nature against several defendants and is therefore multifarious. In our opinion this is true, but it is also true that the twenty-sixth Supreme Court rule in equity (201 Fed. v, 118 C. C. A. v) has rendered that defense unavailable, whenever, in the opinion of the court, “sufficient grounds appear for uniting the causes of action in order to permit the convenient…
2Cases cited31 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Munn v. IllinoisSupreme Court of the United States · 1877
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Lochner v. New YorkSupreme Court of the United States · 1905
- Truax v. RaichSupreme Court of the United States · 1915
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3Cited by14 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Blaisdell v. Home Building & Loan Ass'nSupreme Court of Minnesota · 1933
- General Electric Co. v. AlexanderCourt of Appeals for the Second Circuit · 1922
- Commodores Point Terminal Co. v. HudnallDistrict Court, S.D. Florida · 1922
- Village of Brookfield v. PentisCourt of Appeals for the Seventh Circuit · 1939
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