Klinker v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick Klinker, and by G. Washbourne Smith, the.plain tiff’s attorney, from an order of the Supreme Court, made at the Kings County Special Term, bearing date the 20th day of June, 1898, and entered in the office of the clerk of the county of Queens, restraining the plaintiff and his attorney from drawing from the National Park Bank a sum of money representing the amount of the judgment obtained by the plaintiff against the defendant, and also…
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Appeal by the plaintiff, Frederick Klinker, and by G. Washbourne Smith, the.plain tiff’s attorney, from an order of the Supreme Court, made at the Kings County Special Term, bearing date the 20th day of June, 1898, and entered in the office of the clerk of the county of Queens, restraining the plaintiff and his attorney from drawing from the National Park Bank a sum of money representing the amount of the judgment obtained by the plaintiff against the defendant, and also restraining the said bank from' paying out said money until the further order of the court.
1Opinion of the Court
Hatch, J.:
The plaintiff recovered a judgment against the defendant for damages inflicted arising out of the negligence of the defendant. From that judgment the defendant appealed to this court, where the judgment was unanimously affirmed. Thereafter a motion was made for a reargument of the appeal, or for leave to appeal to the Court, of Appeals. The motion for a reargument was denied and leave to appeal was refused. Thereupon the defendant applied to the chief judge of the Court of Appeals for leave to appeal to that court. Pending the consideration of the application by. the chief judge,…
2Cases cited11 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Haebler v. . MyersNew York Court of Appeals · 1892
- Hayes v. . NourseNew York Court of Appeals · 1887
- Forstman v. . SchultingNew York Court of Appeals · 1888
- Pittsfield National Bank v. BayneNew York Court of Appeals · 1893
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