Newton v. . Russell
New York Court of Appeals
Appeal from order of the ¿General Term of the Supreme Court, in the third judicial department, made November 16, 1880, which affirmed two orders of Special Term, the substance of which, as well as th.e nature of the action and the material facts are set forth in the opinion. (Reported below, 24 Hun, 40.) Defendants were not entitled to be allowed a counsel fee.
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Appeal from order of the ¿General Term of the Supreme Court, in the third judicial department, made November 16, 1880, which affirmed two orders of Special Term, the substance of which, as well as th.e nature of the action and the material facts are set forth in the opinion. (Reported below, 24 Hun, 40.) Defendants were not entitled to be allowed a counsel fee. (T. & S. Pr. 685; Duigan v. Hogan, 1 Bosw. 649; 16 How. 165-169; Ward v. Dewey, 7 id. 17-19; Corning v. Troy Factory, 6 id. 89, 93; Hovey v. Rubber Tip Pencil Co., 12 Abb. [N. S.] 360, 361; 50 N. Y. 335; Disbrow v. Garcia, 52 id. 664.)…
1Opinion of the CourtDanforth, J.
The complaint alleged a right in the plaintiffs to maintain a boom across Grass river, with one end attached to defendant’s premises, that the defendant interfered therewith, and asked that the right to maintain such boom and attach the same to said premises should be adjudged. At the beginning of the action the plaintiffs obtained a preliminary injunction, in effect restraining the defendant from interfering with the boom, and requiring him to show cause, at a time specified, why the injunction should not be continued. An order was then made that within ten days after written notice to do so…
2Cases cited2 opinions
- Corcoran v. . JudsonNew York Court of Appeals · 1861
- Disbrow v. . GarciaNew York Court of Appeals · 1873
3Cited by24 opinions
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Donahue v. JohnsonWashington Supreme Court · 1894
- Miller v. DonovanIdaho Supreme Court · 1907
- Olsen v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1920
- Tyng v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
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