Erie Railway Co. v. Ramsey
New York Supreme Court
APPEALS from an order made at a special term, denying a motion to dissolve an injunction, and from an order refusing to entertain a second motion to dissolve.
1Opinion of the Court
By the Gourt, Cardozo, J.
It is perfectly settled that an injunction will not issue to restrain the prosecution of an action pending in the court, unless it appears from special circumstances that relief cannot be had by motion or petition in the cause. That'was decided in Schell v. The Erie Railway Company, (51 Barb. 368.) And it may be proper to add, as that case, in consequence, perhaps, of some unnecessary and probably inaccurate expressions in the prevailing opinion, seems to have been misunderstood, that is all that it was intended by the court to decide *450there, viz., that such an…
2Cases cited2 opinions
- Dyckman & McChain v. KernochanNew York Court of Chancery · 1830
- Schell v. Erie RailroadNew York Supreme Court · 1868
3Cited by3 opinions
- Wentworth v. WentworthNew York Supreme Court · 1876
- German Exch. Bank v. KroderNew York Court of Common Pleas · 1895
- First National Bank v. ClarkNew York Supreme Court · 1886