Smith v. Schwarzler
Appellate Division of the Supreme Court of the State of New York
Suit by W. Stebbins Smith against Martin Schwarzler. From an order continuing a temporary injunction, defendant appeals. Affirmed.
1Per curiam
We think the learned judge at special term correctly held that this case in principle is controlled by Stuyvesant v. Early, 58 App. Div. 212, 68 N. Y. Supp. 752. In view of the fact that the. injunction in some form must be continued until the trial, nothing would be gained by a determination now as to the extent, if any, which the order as entered should be modified. The injunction order is extensive in terms, but the question of whether or not the plaintiff is entitled to such extensive relief can better be determined upon the trial, when, after the presentation of all the facts, the court…
2Cases cited2 opinions
- Rudd v. CornellAppellate Division of the Supreme Court of the State of New York · 1901
- Stuyvesant v. EarlyAppellate Division of the Supreme Court of the State of New York · 1901