Latham v. Richards
New York Supreme Court
Appeal from an order of the Schenectady County Special Term, refusing leave to the plaintiffs to file a supplemental complaint in this action. On the 10th day of May, 1877, the board of trustees of the village of Saratoga Springs passed a resolution, appointing a committee to purchase a certain parcel of land, known as the I! Waring Farm,” for the purposes of a village cemetery. On the 11th of May, 1877, the defendants, Daniel H. and James II.
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Appeal from an order of the Schenectady County Special Term, refusing leave to the plaintiffs to file a supplemental complaint in this action. On the 10th day of May, 1877, the board of trustees of the village of Saratoga Springs passed a resolution, appointing a committee to purchase a certain parcel of land, known as the I! Waring Farm,” for the purposes of a village cemetery. On the 11th of May, 1877, the defendants, Daniel H. and James II. Deyoe, the owners of said land, executed to the village a conveyance of said land.for the consideration of $12,136. The village, as part of the…
1Opinion of the Court
Learned, P. J.:
This action was brought to declare certain acts of the defendants void, and to restrain them from doing certain other acts in completion and furtherance of - the acts already done. When the' • case was before this court on a former appeal, it ivas held that a temporary injunction pendente lite ought to be granted. It now appears, by the affidavits on the part of the plaintiff, that after the commencement of the action, but before this court had-decided that an injunction pendente lite ought to be granted, the defendants, or some of them, proceeded to do, and did, certain of the…
2Cases cited6 opinions
- Davenport v. DowsSupreme Court of the United States · 1874
- Ayers v. . LawrenceNew York Court of Appeals · 1874
- Roosevelt v. . DraperNew York Court of Appeals · 1861
- Candler v. PettitNew York Court of Chancery · 1828
- Hasbrouck v. ShusterNew York Supreme Court · 1848
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