Third Ave. R.R. Co. v. . the Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of the plaintiff, entered upon an order of Special Term overruling a demurrer by the defendants to the plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of the plaintiff, entered upon an order of Special Term overruling a demurrer by the defendants to the plaintiff’s complaint. This action was brought by the plaintiff to restrain the defendants from prosecuting more than one of seventy-seven actions, which, as the complaint alleged, had been commenced by them against the plaintiff in the Justice’s Court in the city of Hew York for the first judicial district, until one of such actions could be finally heard and…
1Opinion of the Court
Lott, Ch. C.
The jurisdiction of a court of equity to prevent, by injunction, a multiplicity of suits is unquestionable, and, according to my understanding of the points of the appellants’ counsel, is not denied by him; but he claims that “ an injunction to restrain the proceedings in another suit, either in the same court or in another court having equal power to grant the relief sought, will no longer be granted.” Conceding the general rule to be as claimed by him, it does not apply to the facts stated in, nor the case made by, the plaintiff’s. complaint. To make it applicable, it must…
2Cases cited1 opinion
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
3Cited by38 opinions
- Hale v. AllinsonSupreme Court of the United States · 1903
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- Sylvester Coal Co. v. City of St. LouisSupreme Court of Missouri · 1895
- Milwaukee Electric Railway & Light Co. v. BradleyWisconsin Supreme Court · 1901
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
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