Rogers v. Vosburgh
New York Court of Chancery
ON the coming in of the answer, J. Radcliff, for the defendant, moved to dissolve the injunction heretofore issued in this cause, restraining' the defendant from further inter-meddling with the concerns of a periodical publication, entitled, “ The JYew-York City-Hall Recorderand he also further moved, to restrain the plaintiff from proceeding at íaw on the judgment entered up in the Supreme Court, mentioned in the pleadings as being taken as liquidated damages, for the same…
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ON the coming in of the answer, J. Radcliff, for the defendant, moved to dissolve the injunction heretofore issued in this cause, restraining' the defendant from further inter-meddling with the concerns of a periodical publication, entitled, “ The JYew-York City-Hall Recorderand he also further moved, to restrain the plaintiff from proceeding at íaw on the judgment entered up in the Supreme Court, mentioned in the pleadings as being taken as liquidated damages, for the same matter now in controversy, and by way of collateral security.
1Opinion of the Court
The following order, putting the party to his election, was entered:
“ Ordered, that the motion for dissolving the injunction be denied, and that the plaintiff, within eight days after notice of this decretal order, elect whether he will proceed at law under the said judgment, or in this Court, in this suit; and that if he elects to proceed at law, the bill shall thereafter stand dismissed with costs; and if he elects to proceed here, it is then further ordered, that he proceed no further *85by execution, or otherwise, on the judgment) withotit the leave of this Court first had and obtained,”…
2Cited by9 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Planters & Merchants' Bank of Mobile v. WalkerSupreme Court of Alabama · 1845
- Blanchard v. StoneSupreme Court of Vermont · 1844
- Slaughter v. La Compagnie Francaises Des Cables TelegraphiquesCourt of Appeals for the Second Circuit · 1902
- Fleming v. CourtenaySupreme Judicial Court of Maine · 1901
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