Legal Opinion

Perault v. Rand

New York Supreme Court

Decided March 15, 1877Published

Appeal from an order made at Special Term, denying a motion for the continuance of an injunction.

1Opinion of the Court

Daniels, J.:

The appellant had been tried as a member of a military organization by a court-martial, and dismissed by its judgment; upon his own application, he was afterwards restored by virtue of a writ of mandamus, for the reason that his trial and dismissal were not in accordance with the requirements of the law applicable to such proceedings. And another trial was then projected, and he applied for an injunc*223tion to restrain and prevent it, because he had once been tried upon the same charges, and apprehended that the second trial would be unfairly conducted. The grounds upon which this…

2Cases cited2 opinions

  1. Rathbun v. SawyerNew York Supreme Court · 1836
  2. New-York Dry Dock Co. v. American Life Insurance & Trust Co.New York Court of Chancery · 1844

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