Hope v. Acker
The Superior Court of New York City
■Motion to dissolve an injunction. On the 26th of June, 1858, the plaintiff served on the defendants’ attorneys a notice stating “ that the plaintiff discontinues the above entitled action against the defendants therein, and hereby offers to pay them, the said defendants, their taxable costs which they have incurred in this action up to this date.” The notice was dated on the day it was served.
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■Motion to dissolve an injunction. On the 26th of June, 1858, the plaintiff served on the defendants’ attorneys a notice stating “ that the plaintiff discontinues the above entitled action against the defendants therein, and hereby offers to pay them, the said defendants, their taxable costs which they have incurred in this action up to this date.” The notice was dated on the day it was served. The plaintiff had obtained an injunction, which was in force when this notice was served. On the 1st of July, 1858, the plaintiff paid to defendants’ attorneys the defendants’ costs of the action,…
1Opinion of the CourtBosworth, J.
—The notice of discontinuance served, and payment of defendants’ costs of the action, put an end to the action, and it thenceforth ceased to be an existing or pending suit for *309any practical purpose. I shall not examine the papers on which the notice of this motion states it will be made, in order to determine the question whether the plaintiff, so far as it can be determined upon such papers alone, was entitled to the injunction. The order of discontinuance, to be entered on this motion, will not, therefore, contain any clause which may be construed as imputing that the court has decided a…
2Cited by2 opinions
- Hall v. SextonThe Superior Court of the City of New York and Buffalo · 1888
- Michael v. WenningNew York Marine Court · 1882