Weeks v. Southwick
New York Supreme Court
Motion for reference, See, The action was' brought to compel a specific performance of a contract for the sale of real estate. A preliminary injunction was granted, restraining the defendants from committing waste, &c. A motion was subsequently made to dissolve the injunction. The motion was founded on the pleadings, and was granted.
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Motion for reference, See, The action was' brought to compel a specific performance of a contract for the sale of real estate. A preliminary injunction was granted, restraining the defendants from committing waste, &c. A motion was subsequently made to dissolve the injunction. The motion was founded on the pleadings, and was granted. In April, 1855, the cause was referred for hearing and decision; and, in July, the- referee made his report, dismissing the complaint, with costs. No judgment has been entered upon the report. The defendants moved for a reference, to ascertain and report the…
1Opinion of the Court
Harris, Justice.
The motion for a reference is premature. The undertaking, upon issuing the injunction, is, that the plaintiff will pay to the party enjoined, such damages as he may sustain by reason of the injunction, if the court shall finally decide that he was not entitled thereto. Such final decision cannot be said to have been made in this case. True, the report of the referee is to that effect. But judgment has not been entered upon that report. It may never be entered. Until it is entered, so that the decision of the referee becomes the judgment of the court, the defendant’s right to…
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