Jackson v. . Bunnell
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Hew York, made 'May 5,1887, which affirmed an order of Special Term, continuing and making permanent a preliminary injunction granted with an order to show cause upon which the motion was made. The material facts are stated in the opinion. There was no authority in the court below to grant a permanent injunction on affidavits and after entry of final judgment. (Code of Civ.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Hew York, made 'May 5,1887, which affirmed an order of Special Term, continuing and making permanent a preliminary injunction granted with an order to show cause upon which the motion was made. The material facts are stated in the opinion. There was no authority in the court below to grant a permanent injunction on affidavits and after entry of final judgment. (Code of Civ. Pro. §§ 602, 608; Snelling v. Howard, 7 Duer, 400; Fellows v. Heermans, 13 Abb. Pr. [N. S.] 1, 9; Erie R. Co. v. Ramsey,…
1Opinion of the CourtFinch, J.
The plaintiffs in this case brought their action to foreclose a lien upon certain property belonging to one Myers, and which consisted of six lots with .newly constructed buildings thereon, located oh the northerly side of Eighty-second street in the city of New York, and one hundred feet easterly of the north-east corner of that street and Tenth avenue. Their-notice of lien was filed on the 13th of November, 1886, and their complaint served on the eighth of the following December. The pleadings in that action are not returned, and we-cannot know their contents. The referee’s report and the…
2Cases cited4 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
- Gardner v. . GardnerNew York Court of Appeals · 1882
- Travis v. . MyersNew York Court of Appeals · 1876
3Cited by19 opinions
- Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Bachman v. . HarringtonNew York Court of Appeals · 1906
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Sheward v. Citizens' Water Co.California Supreme Court · 1891
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