Huntington v. Cortland Home Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Cortland Home Telephone Company and another, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Cortland on the 3d day of October, 1900, continuing a temporary injunction.
Read the full summary
Appeal by the defendants, the Cortland Home Telephone Company and another, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Cortland on the 3d day of October, 1900, continuing a temporary injunction. A temporary injunction order was obtained, ex parte, from a justice of the Supreme Court by the plaintiffs, restraining the defendants from erecting its poles and stretching its wires thereon, in the highway across the plaintiffs’ premises in the city of Cortland; and an order granted therewith required defendants to show…
1Opinion of the Court
Parker, P. J.:
It is a serious question whether this injunction should not have been denied for the-reason that the plaintiffs would have a full and adequate remedy at law for all the acts which they seek to restrain. But we may not pass upon that,question, because the plaintiffs practice has been such that they clearly are not entitled to hold the order which they have obtained.
It appears from the affidavits used that their right to an injunction, if any they have, depends upon the nature of this action. It is clearly one given by section 603 of. the Code of Civil Procedure. In such a case a…
2Cases cited2 opinions
- Heine v. RohnerAppellate Division of the Supreme Court of the State of New York · 1898
- Sanders v. AderAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by6 opinions
- Elk Street Market Corp. v. RothenbergAppellate Division of the Supreme Court of the State of New York · 1931
- Barnard Bakeshops, Inc. v. DirigNew York Supreme Court · 1940
- Julius Restaurant, Inc. v. LombardiAppellate Division of the Supreme Court of the State of New York · 1939
- MacNamara v. DoubledayAppellate Division of the Supreme Court of the State of New York · 1946
- Wick v. Crane Co.New York Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.