Tammien v. Clause
New York Supreme Court
MOTION to continue injunction. A preliminary injunction was allowed ex parte, and the defendant ordered to show cause why it should not be continued. The hearing, on the day for showing cause, was upon the pleadings only. The plaintiff offered to read further affidavits in support of his complaint. To that the defendant objected.
1Opinion of the CourtHardin, J.
By answering the complaint, the defendant has taken issue upon the merits of the plaintiff’s alleged case. A demurrer would have raised and compelled a decision, at the very outset of the case, of the very interesting question of law raised upon the hearing of this motion, in respect to the validity of the alleged agreement to extend the time of payment of the mortgage referred to in the pleadings. That question involves the merits, and will control, to a very great extent, any decree that may be ultimately made in this action.
The learned counsel for the defendant insists that the case of…
2Cases cited8 opinions
- Parmelee v. . ThompsonNew York Court of Appeals · 1871
- Varick & Bacon v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Halliday v. . HartNew York Court of Appeals · 1864
- Burbank v. BeachNew York Supreme Court · 1863
- Crosier v. AcerNew York Court of Chancery · 1838
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