Knox v. McDonald
New York Supreme Court
Appeal from an order of tbe Oswego Special Term denying a motion .to set aside and vacate an injunction, granted to restrain the defendants from executing a warrant issued upon a final order in summary proceedings made by the defendant Ball, a justice of the peace of Brownville, Jefferson county. A trial was had before the justice March 16, 1881, the plaintiff claiming that a renewal of his lease had been given by Mrs. McDonald, the land owner, and Mrs. McDonald denying it.
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Appeal from an order of tbe Oswego Special Term denying a motion .to set aside and vacate an injunction, granted to restrain the defendants from executing a warrant issued upon a final order in summary proceedings made by the defendant Ball, a justice of the peace of Brownville, Jefferson county. A trial was had before the justice March 16, 1881, the plaintiff claiming that a renewal of his lease had been given by Mrs. McDonald, the land owner, and Mrs. McDonald denying it. The justice decided that such renewal had not been given and that Knox, the plaintiff here, was holding over, “ after…
1Opinion of the Court
Hardin, J.:
Authorities are numerous to the effect that the court will not restrain by injunction summary proceedings for the recovery of possession of lands, when no fraud, mistake, surprise or undue-advantage in the actual conduct of such proceedings is shown. (Armstrong v. Cummings, 20 Hun, 313.)
Such stay was prohibited by 2 Hevised Statutes, 516; and under that provision it was settled that when the proceedings were not fraudulent or collusive and the officer had jurisdiction the court .would not interfere by injunction to prevent or stay such proceedings. (Sherman v. Wright, 49 N. Y.,…
2Cases cited4 opinions
- Planters' Bank v. SharpSupreme Court of the United States · 1848
- Bell v. . DixNew York Court of Appeals · 1872
- Schermerhorn v. MerrillNew York Supreme Court · 1847
- Jackson ex dem. Wood v. StilesNew York Supreme Court · 1830