Byrne v. Lathrop, Shea & Henwood Co.
New York Supreme Court
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
- Russell v. FarleySupreme Court of the United States · 1882
- Lawton v. . GreenNew York Court of Appeals · 1876
- Wilson v. DreyerAppellate Division of the Supreme Court of the State of New York · 1901