Legal Opinion

New York & Long Branch Railroad v. Dennis

Supreme Court of New Jersey

Decided June 15, 1878PublishedCited by 2 opinions

The action below was in debt on an injunction bond, in the-penal sum of $10,000, dated May 24th, 1873, executed by the defendants to the plaintiffs, pursuant to chancery rule-46, and as a condition of the granting of a preliminary injunction, or restraining order, at the suit of the above named James T. Easton and James McMahon, against the plaintiffs-in this suit, whereby the latter were restrained from proceeding with the erection of a railroad bridge over the Raritan,…

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The action below was in debt on an injunction bond, in the-penal sum of $10,000, dated May 24th, 1873, executed by the defendants to the plaintiffs, pursuant to chancery rule-46, and as a condition of the granting of a preliminary injunction, or restraining order, at the suit of the above named James T. Easton and James McMahon, against the plaintiffs-in this suit, whereby the latter were restrained from proceeding with the erection of a railroad bridge over the Raritan, river, between Perth Amboy and South Amboy. The declaration, after reciting the bond and condition,, alleges that such…

1Opinion of the Court

The opinion of the court was delivered by

Beasley, Chief Justice.

This case comes before this-court under the following circumstances: The New York and Long Branch Railroad Company, the plaintiff in error, was defendant in a suit in chancery, brought in the name of the attorney general, on the relation of Easton and McMahon-calling in question the right of such company to erect a bridge-over the Raritan river, at Perth Amboy. That case is reported in 9 C. E. Green 49. Upon the filing of that bill the Chancellor granted a restraining order, and required a bond,, which was executed by the…

2Cases cited5 opinions

  1. Lawton v. . GreenNew York Court of Appeals · 1876
  2. Sullivan v. Judah & WeedNew York Court of Chancery · 1834
  3. Edwards v. BodineNew York Court of Chancery · 1844
  4. Cayuga Bridge Co. v. MageeNew York Court of Chancery · 1830
  5. Carroll v. SandNew York Court of Chancery · 1843

3Cited by2 opinions

  1. Independent School District No. 35 v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1926
  2. Beekwilder v. BeekwilderNew Jersey Superior Court Appellate Division · 1953

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