Carrington v. Holabird
Supreme Court of Connecticut
IN ERROR. This was an application to the superior court, by Edward Carrington against William S. Holabird Esq., for a new trial in certain causes, in which judgments had been rendered against Carrington, and for an injunction against further proceedings in the collection or enforcement of the executions issued on such judgments. The plaintiff’s bill stated the following case.
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IN ERROR. This was an application to the superior court, by Edward Carrington against William S. Holabird Esq., for a new trial in certain causes, in which judgments had been rendered against Carrington, and for an injunction against further proceedings in the collection or enforcement of the executions issued on such judgments. The plaintiff’s bill stated the following case. Holabird instituted three suits against Carrington Lee, a partnership consisting of the present plaintiff and Frederick A. Lee, both then residing in the city of New-York, on three promissory notes made by them,…
1Opinion of the CourtChurch, J.
The character of this application is somewhat equivocal. It is not a petition or bill, addressed in form to a court of equity ; and if it had not contained a prayer for an injunction, it might, well enough, have been taken for a petition to a court oflaw for a new trial, under the 68th section of our statute regulating civil actions. Rut viewing it aside from its technical and formal parts, we see, that it is a proceeding in equity for an injunction, and a new trial, founded upon the ignorance and mistake of the plaintiff regarding the pendency of several actions at law in favour of this…
2Cases cited1 opinion
- Administrators of Cox v. HillOhio Supreme Court · 1828
3Cited by35 opinions
- Crim v. HandleySupreme Court of the United States · 1877
- Cohen v. YoungCourt of Appeals for the Sixth Circuit · 1942
- Farwell v. Great Western Telegraph Co.Illinois Supreme Court · 1896
- Nealis v. DicksIndiana Supreme Court · 1880
- Etchells v. WainwrightSupreme Court of Connecticut · 1904
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