Finnegan v. . Buck
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1921, which reversed an order of Special Term granting a motion to continue an injunction pendente lite and vacated and set aside the same. The facts, so far as material, and the question certified are stated in the opinion.
1Dissent
Chase, J. (dissenting).
The temporary injunction was granted upon conflicting affidavits. The order was reversed by the Appellate Division “as a matter of law and not in the exercise of any discretion.”
In permitting the appeal to this court, the Appellate Division certified the following question: “ Is the Legal Daily, referred to in the moving papers, a paper which the defendant city and its officers are authorized to designate as the official paper of the city, in which legal notices may be published as provided in the charter of said city? ”
On the record the question whether the city and…
2Cases cited4 opinions
- Matter of WesterfieldNew York Court of Appeals · 1900
- Schieffelin v. . HylanNew York Court of Appeals · 1920
- Lewin v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1902
- Palmer v. . the State of New YorkNew York Court of Appeals · 1916