New York Mail & Newspaper Transportation Co. v. Shea
New York Supreme Court
Motion to punish the defendant and others for contempt for alleged disobedience of an injunction order made and entered on the 8th day of February, 1898, restraining the defendant during the pendency of the action from preventing the plaintiff from laying its mail tubes across the New York and Brooklyn Bridge.
1Opinion of the Court
Gaynor J.:
Following the decision in Oakley v. Cokalete (16 App. Div. 65), I cannot grant this motion. In that case the plaintiff’s attorney obtained from the judge of this court who was holding the regular Trial Term and Special Term in Westchester county, an order to show cause why leave to serve an amended complaint should not be given. It contained a stay of the trial meanwhile. The defendant’s attorney intentionally disregarded the stay, by moving the case for trial and taking judgment by default before another judge sitting at the Saturday Special Term assigned for each Saturday in that…
2Cases cited2 opinions
- Oakley v. CokaleteAppellate Division of the Supreme Court of the State of New York · 1897
- Krone v. Kings County El. R. Co.New York Supreme Court · 1888