Conklin v. New York Elevated Railroad
New York Supreme Court
At chambers. Action by Frederick N. Conklin and others against the New York Elevated Railroad Company and the Manhattan Railway Company for past damages sustained by the construction and operation of defendants’ elevated railroad, for an injunction to restrain such further operation.
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At chambers. Action by Frederick N. Conklin and others against the New York Elevated Railroad Company and the Manhattan Railway Company for past damages sustained by the construction and operation of defendants’ elevated railroad, for an injunction to restrain such further operation. A judgment was entered in plaintiffs’ favor on April 17, 1890, but it was therein provided that the injunction should be wholly inoperative, unless plaintiffs, within 60 days, tendered to defendants a conveyance and release of all their easements in the street appropriated by defendants’ railroad, and unless…
1Opinion of the CourtIngraham, J.
A motion is made to vacate an order of the court granted on the 21st of June, 1890, upon the ground that the court had no power to •grant the order; it appearing that the time within which the plaintiffs were to comply with the terms of the judgment had expired prior to the making of the order, which extended the time 20 days from date. Counsel for defendants expressly waives any objection to the order on the ground that no notice was given of the application, and consents that the only question to be determined is whether or not the court has power to make the order upon notice to the…
2Cases cited1 opinion
- National City Bank of Brooklyn v. WestcottNew York Court of Appeals · 1890
3Cited by3 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Rauth v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893
- Groge v. RuffAppellate Division of the Supreme Court of the State of New York · 1908