Frost v. Myrick
New York Supreme Court
In Equity. Motion to set aside, or dissolve, injunction. The bill stated that the plaintiff gave his bond and mortgage on 84 acres of land in Niagara county, to one William Swain, of Auburn, Cayuga county, bearing date May 28th, 1841, to secure the payment of $1200 on demand.
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In Equity. Motion to set aside, or dissolve, injunction. The bill stated that the plaintiff gave his bond and mortgage on 84 acres of land in Niagara county, to one William Swain, of Auburn, Cayuga county, bearing date May 28th, 1841, to secure the payment of $1200 on demand. That on the 19th of September, 1840, the plaintiff sold and assigned to Swain two bonds and mortgages, one given by Aaron Stephens to the plaintiff, dated June 8, 1840, to secure $1300, on certain lands in Monroe county; the other given by Josiah Wilcox to the plaintiff, dated November 7, 1839, on lands in Niagara…
1Opinion of the CourtWelles, J.
The defendant moves to set aside the injunction as having been irregularly issued, upon the ground that no bond was filed in pursuance of the 31st rule of the late court of chancery, and because the order allowing the injunction did not direct a provision to be inserted, giving the defendant liberty to proceed to judgment at law, without prejudice to the equitable rights of the plaintiff, notwithstanding the injunction; agreeably to the 33d rule.
Before proceeding to consider the motion to dissolve the injunction, I will dispose of the question of regularity.
The vice chancellor of the seventh…
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