Mayor, Etc., of N.Y. v. . Brady
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 6, 1889, which affirmed various interlocutory judgments, entered upon orders sustaining demurrers interposed by the defendants to the plaintiffs’ complaint, and affirmed the orders upon which said judgments were entered. The substance of the complaint is set forth in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 6, 1889, which affirmed various interlocutory judgments, entered upon orders sustaining demurrers interposed by the defendants to the plaintiffs’ complaint, and affirmed the orders upon which said judgments were entered. The substance of the complaint is set forth in the opinion. The complaint states facts sufficient to constitute a cause of action entitling the plaintiff to an- injunction. (Story on Equity, § 885; Wilkinson v. Flowers, 75 Am. Dec. 78; Wilkinson v. F. N. F.…
1Opinion of the Court
Ruger, Ch. J.
The questions in this case arise upon demurrers to the complaint, interposed by the respective-defendants, alleging that it does not state facts sufiicient to constitute a cause of action. The complaint purports to be a bill in equity, asking that several judgments, theretofore recovered by some of the defendants against the plaintiff, be. vacated and set aside; that they be adjudged inoperative as adjudications between the respective parties in any subsequent litigations; that certain actions pending in the Supreme Court between some of the defendants, as plaintiff, and the said…
2Cases cited4 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Stilwell v. CarpenterNew York Court of Appeals · 1875
- Reilly v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
3Cited by41 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Crouse v. . McVickarNew York Court of Appeals · 1912
- Chicago, R. I. & P. Ry. Co. v. CallicotteCourt of Appeals for the Eighth Circuit · 1920
- Matter of HoldenNew York Court of Appeals · 1936
- Fuhrmann v. FanrothNew York Court of Appeals · 1930
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