Whipple v. Hutchinson
U.S. Circuit Court for the District of Northern New York
This was a motion [by Squire Whipple] for an attachment for the violation of an injunction. The injunction restrained the defendant [John Hutchinson] from constructing iron bridges according to letters patent which secured the exclusive right to the plaintiff.
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This was a motion [by Squire Whipple] for an attachment for the violation of an injunction. The injunction restrained the defendant [John Hutchinson] from constructing iron bridges according to letters patent which secured the exclusive right to the plaintiff. It was alleged, that the injunction had been served on the 23d of March, 1858. The violation complained of related to a bridge over the Erie Canal, at the city of Syracuse, and* two other bridges at the village of Pittsford.
1Opinion of the Court
NELSON, Circuit Justice.
The affidavits on behalf of the plaintiff fully establish the breach of the injunction, and, had they not been met and answered, I should have felt bound to grant the attachment. But, on looking into the -opposing affidavits, I find satisfactory explanations of the alleged breaches.
The first answer goes to the several breaches, as charged. The second to the breach in respect to the bridges at Pittsford. The first ttirns upon the service of the writ of injunction. The affidavit of the defendant denies, in express and positive terms, this service, and avers that the only…
2Cited by6 opinions
- United States v. AnonymousUnited States Circuit Court · 1884
- In re CaryDistrict Court, S.D. New York · 1882
- Sellers v. ValenzuelaSupreme Court of Alabama · 1947
- Bate Refrigerating Co. v. GillettUnited States Circuit Court · 1887
- State ex rel. Heintz v. Hamann, Court of Common Pleas of Ohio, Hamilton County1911
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