Hascall v. Madison University
New York Supreme Court
This was a motion to dissolve or modify an injunction. The \ complaint was filed by the plaintiffs, two of the original found- ' ers of the Literary and Theological Seminary at Hamilton, to restrain the defendants from removing the Madison University and the Theological Seminary from Hamilton. The complaint was very long, setting out all the grounds of equity at great length, and with great minuteness.
Read the full summary
This was a motion to dissolve or modify an injunction. The \ complaint was filed by the plaintiffs, two of the original found- ' ers of the Literary and Theological Seminary at Hamilton, to restrain the defendants from removing the Madison University and the Theological Seminary from Hamilton. The complaint was very long, setting out all the grounds of equity at great length, and with great minuteness. The opinion of the court, however, states the facts sufficiently, for the purposes of this motion. The injunction prohibited the Madison University from removing its site from Hamilton, and…
1Opinion of the CourtGridley, J.
This is an application to “ vacate or modify” an injunction, granted by the Hon. W. F. Allen, one of the justices of this court, and is founded, as the notice states, upon the complaint, and the answer of the Madison University. Upon this notice, the plaintiff's counsel insist, 1st. That the motion must be denied, for the reason that-an answer, unless verified by an affidavit, can not be made the foundation of a *176motion to dissolve an injunction. That position is undoubtedly correct; but I think it would be too narrow a construction of this notice, to hold that by the term answer, the…
2Cases cited1 opinion
- Ward v. Van BokkelenNew York Court of Chancery · 1828
3Cited by6 opinions
- Metropolitan Life Insurance v. NoeTennessee Supreme Court · 1930
- People ex rel. Chadwick v. County OfficersMichigan Supreme Court · 1866
- Paul v. Missouri State Life InsuranceMissouri Court of Appeals · 1932
- Paul v. Missouri State Life InsuranceMissouri Court of Appeals · 1932
- St. Stephen Church CasesNew York Court of Common Pleas · 1890
1 more not listed; retrieve them via the Exa API.