Legal Opinion

Garcie v. Sheldon

New York Supreme Court

Decided June 5, 1848PublishedCited by 12 opinions

In Equity. An injunction was obtained on the filing of the bill in this cause. The plaintiff gave a bond, with the usual condition, except that the clause authorizing a reference to a master to ascertain the damages which might be occasioned by the issuing of the injunction, required by the 31st rule of the late court of chancery, was omitted.

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In Equity. An injunction was obtained on the filing of the bill in this cause. The plaintiff gave a bond, with the usual condition, except that the clause authorizing a reference to a master to ascertain the damages which might be occasioned by the issuing of the injunction, required by the 31st rule of the late court of chancery, was omitted. The plaintiff’s bill was finally dismissed, and a motion was made by the defendants, before a justice of this court at chambers, for a reference to ascertain their damages. An order was made accordingly, on the 29th day of July, 1847, which was drawn up…

1Opinion of the Court

*234By the Court,

Sill, J.

It is irregular to grant affirmative relief to a party opposing a motion, upon matters appearing in the opposing papers which the moving party has had no opportunity to answer. An opposing party is sometimes allowed to amend a defect in his proceedings without putting him to a motion on his part. But this is allowed only in cases when the court Gan see, from the nature of the case, that no valid objection can be made to the amendment, in case a motion is specifically made for that purpose. Had the original order been void for want of power to make it at chambers, we could…

2Cases cited1 opinion

  1. Hunt v. WallisNew York Court of Chancery · 1837

3Cited by12 opinions

  1. Lawton v. . GreenNew York Court of Appeals · 1876
  2. Archuleta v. ArchuletaSupreme Court of Colorado · 1912
  3. Bucklin v. ChapinNew York Supreme Court · 1868
  4. Leavitt v. DabneyThe Superior Court of New York City · 1870
  5. City of Chamberlain v. QuarnbergSouth Dakota Supreme Court · 1909

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