Butler v. Wehle
New York Supreme Court
APPEAL by plaintiffs from an order at the special term vacating an injunction. The action was brought by Henry L. Butler and others, against Louisa Douai Wehle and others, to compel the allowance of a claim held by the plaintiffs against defendant Wehle, as a set-off against a judgment recovered by said defendants against plaintiffs; to restrain the enforcement of said judgment hy said defendant, and for other relief.
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APPEAL by plaintiffs from an order at the special term vacating an injunction. The action was brought by Henry L. Butler and others, against Louisa Douai Wehle and others, to compel the allowance of a claim held by the plaintiffs against defendant Wehle, as a set-off against a judgment recovered by said defendants against plaintiffs; to restrain the enforcement of said judgment hy said defendant, and for other relief. Hpon the application of plaintiffs, a preliminary injunction was granted, with an order to show cause, etc. From the order vacating such injunction, this appeal is taken. Such…
1Opinion of the CourtDaniels, J.
The substantial relief demanded by the plaintiffs in this action is the set-off of a demand claimed to exist in their favor against a judgment recovered by the defendant against them, and which she endeavored to collect by execution. Before the commencement of the suit, another action was commenced by them against her for the recovery of the debt relied upon as a set-off. In that action, according to the sworn answer of the defendant, an attachment was issued in the plaintiffs’favor, and the judgment was attached by virtue of it. The affidavit of Mr. Crosby, one of the plaintiffs’ attorneys,…
2Cases cited3 opinions
- Rodermund v. . ClarkNew York Court of Appeals · 1871
- Livingston v. KaneNew York Court of Chancery · 1817
- Goss v. MatherNew York Supreme Court · 1870