Sixth Avenue Railroad v. Gilbert Elevated Railway Co.
The Superior Court of New York City
Motion to stay proceedings This action was brought by a horse railroad company, to enjoin defendants from constructing an elevated steam railroad over the same route.
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Motion to stay proceedings This action was brought by a horse railroad company, to enjoin defendants from constructing an elevated steam railroad over the same route. Gn June 23,1877, plaintiffs entered for a permanent injunction obtained by them against the defendants, on a trial of the action on the merits: On July 5, defendants perfected their appeal to the general term, and gave an undertaking in the sum of $5400, relied on by them as affecting a stay of the execution of the judgment. After September 1, the date when the Code of Civil Procedure took effect, the defendants made the present…
1Opinion of the CourtVan Vorst, J.
This is an application for a stay of all proceedings upon a judgment entered in this action on the 23rd day of June, 1877. By the judgment the defendant is enjoined and restrained from building upon the Sixth avenue, in the city of New York, from Amity to Fifty-ninth streets, the elevated railway described in the complaint, “upon the plan” mentioned and specified in the judgment. The judgment also awarded to the plaintiff $2,164.94, the .costs of the action. An appeal has been taken by the defendant, from the judgment, to the general term of this court, and the defendant has given an…
2Cases cited1 opinion
- Genin v. ChadseyThe Superior Court of New York City · 1861