Klinker v. Third Ave. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Frederick Klinker against the Third Avenue Railroad Company. From an order restraining plaintiff and his attorney from drawing from the National Park Bank a sum of money representing the amount of the judgment obtained by plaintiff against defendant, and restraining the said bank from paying out said money till further order of the court, plaintiff appeals.
1Opinion of the CourtHatch, J.
The plaintiff recovered a judgment against the defendant for damages inflicted arising out of the negligence of the defendant. From that judgment the defendant appealed to this court, where the judgment was unanimously affirmed. 49 N. Y. Supp. 793. Thereafter a motion was made for a reargument of the appeal, or for leave to appeal to the court of appeals. The motion for a reargument was denied, and leave to appeal was refused. Thereupon thé defendant applied to the chief judge of the court of appeals for leave to appeal to that court. Pending the consideration of the application by the chief…
2Cases cited12 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Haebler v. . MyersNew York Court of Appeals · 1892
- Hayes v. . NourseNew York Court of Appeals · 1887
- Flynn v. . HurdNew York Court of Appeals · 1889
- Pittsfield National Bank v. BayneNew York Court of Appeals · 1893
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