Legal Opinion

Byrne v. Lathrop, Shea & Henwood Co.

New York Supreme Court

Decided August 15, 1908Published

Motion by defendants for an order directing a reference to ascertain the damages sustained by reason of a preliminary injunction granted in this action.

1Opinion of the CourtWheeler, J.

This is a motion on the part of the defendants for an order directing a reference to ascertain the damages sustained by the defendant Lathrop, Shea & Henwood Company by reason of a preliminary injunction granted *351in this action, pursuant to the provisions of section 623 of the Code of Civil Procedure. This action was originally begun in the Supreme Court of this State, and a preliminary injunction obtained by the plaintiffs; and, upon the procuring of such injunction, a bond was given by the plaintiffs, as required by the Code, and served with the injunction order and the summons and…

2Cases cited3 opinions

  1. Russell v. FarleySupreme Court of the United States · 1882
  2. Lawton v. . GreenNew York Court of Appeals · 1876
  3. Wilson v. DreyerAppellate Division of the Supreme Court of the State of New York · 1901

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