Salisbury v. Strong
New York Supreme Court
Appeal from special term, Onondaga county. Action by Celia Salisbury and others, as administrators, against Edgar B. Strong and others. From an order granting a discontinuance, defendants appeal. Reversed.
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Appeal from special term, Onondaga county. Action by Celia Salisbury and others, as administrators, against Edgar B. Strong and others. From an order granting a discontinuance, defendants appeal. Reversed. The appellants Strong, Carlisle, and Turney were judgment creditors of the Binghamton Hydraulic Power Company, and recovered judgments, and also Seymour and Whitlock, composing the firm of Seymour & Whitlock, were like judgment creditors of the power company, and were restrained by the temporary injunction, and the interlocutory decree makes that temporary injunction permanent. The…
1Opinion of the CourtHardin, P. J.
Plaintiffs have appealed from that portion of the order
which allows a discontinuance of the action. They also appeal from that portion which provides that, in case the money is not tendered to the plaintiffs’ attorneys, an order may be entered discontinuing the action, “together with $10 costs of the motion, and $60 costs of said reference.” Inasmuch as we have considered the questions raised in respect to the same order in the case heard at this same term between Salisbury et al. and the Binghamton Publishing Company (32 N. Y. Supp. 652), and have, according to the views expressed in our…
2Cases cited1 opinion
- Salisbury v. Binghamton Pub. Co.New York Supreme Court · 1895