Dederick v. Hoysradt
New York Supreme Court
This was a motion to vacate an injunction which had been granted by the county judge of Columbia. On the 4th day of January, 1839, Henry Hoysradt and Adam A. Hoysradt executed their bond to Aaron Vanderpoel, conditioned for the payment of $2500 with interest; and to secure the payment, John H. Hoysradt and Sarah his wife, executed a mortgage upon their interest in a certain farm in Kinderhook.
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This was a motion to vacate an injunction which had been granted by the county judge of Columbia. On the 4th day of January, 1839, Henry Hoysradt and Adam A. Hoysradt executed their bond to Aaron Vanderpoel, conditioned for the payment of $2500 with interest; and to secure the payment, John H. Hoysradt and Sarah his wife, executed a mortgage upon their interest in a certain farm in Kinderhook. On the first of November, 1840, Vanderpoel assigned the bond and mortgage to William H. Reynolds, by whom it is still held. At the time of the execution of the mortgage, Henry Hoysradt was the owner, in…
1Opinion of the Court
Harris, Justice.
The only ground upon which Courts of Equity have ever interfered with proceedings in other courts, by allowing an injunction, is that equitable circumstances have existed, cognizable only in a Court of Equity, which rendered it unconscientious for the party enjoined to proceed in a court which had no power to grant the relief which the justice of the case demanded. This ground of jurisdiction can never exist when the proceedings sought to be arrested are in the same court to which application is made for the injunction. Ho instance can be found, in which a Court of Equity has…
2Cases cited2 opinions
- Dyckman & McChain v. KernochanNew York Court of Chancery · 1830
- Smith v. American Life Insurance & Trust Co.New York Court of Chancery · 1840
3Cited by5 opinions
- Wright v. SalisburySupreme Court of Missouri · 1870
- Anderson v. MullenixTennessee Supreme Court · 1880
- Bowers v. TallmadgeNew York Supreme Court · 1858
- Ely v. LowensteinNew York Supreme Court · 1870
- Montgomery v. WhitworthCourt of Appeals of Tennessee · 1873