Legal Opinion

James v. Horn

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1897PublishedCited by 2 opinions

Appeal by the plaintiff, Mary G. James, from an order of the Supreme Court, made at the Hew York Special Term, dated the 8th day of February, 1897, confirming the report of a referee appointed to assess the damages suffered by the defendants James T. Horn, Isabella M. Dewey and George H. Winter, because of the granting of a preliminary injunction.

1Opinion of the Court

Rumsey, J.:

The plaintiff had procured an injunction in the action on giving, the usual bond, and afterwards she desired to discontinue the action and made an application to the court for that purpose, whereupon it was ordered that the damages of the defendants by reason of the preliminary injunction should be ascertained by a reference, and that, upon the coming in and confirmation of the report of the referee and the payment of the damages, the plaintiff might discontinue the action. The referee appointed pursuant to this order made his report assessing the damages, which was filed by the…

2Cited by2 opinions

  1. Pierce v. FennoAppellate Division of the Supreme Court of the State of New York · 1928
  2. White v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1899

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