Van Orden v. Ledwith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Peter S. Van Orden, from an order of the Supreme Court, made at the Kings County Special Term and entered in- the office of the clerk of the county of Rockland on the 26th day of July, 1899, denying his motion to continue- a temporary injunction and vacating the same.
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Appeal by the plaintiff, Peter S. Van Orden, from an order of the Supreme Court, made at the Kings County Special Term and entered in- the office of the clerk of the county of Rockland on the 26th day of July, 1899, denying his motion to continue- a temporary injunction and vacating the same. The action was brought to secure a judgment declaring that the amount of the reasonable compensation of the plaintiff (an undertaker) for conducting the burial of James Ledwith and his daughter, Anne Claffey, is an equitable lien upon, and preferential claim against, a certain fund in the possession of…
1Opinion of the Court
Woodward, J.:
The granting of an injunction order under the provisions of sections 603 and 604 of the Code of Civil Procedure depends, aside from the conditions precedent therein mentioned, upon the sound discretion of the court. The language of the statute is that “ an injunction order may be granted.” It is equally within the discretion of the court to continue or to refuse to continue such an order; and, in the absence of facts tending to establish that the court has abused this discretionary power, it would be ordinarily unwise for this court to intei-pose its discretion for that of the…
2Cited by2 opinions
- Smith v. BallAppellate Division of the Supreme Court of the State of New York · 1910
- Platt v. EliasAppellate Division of the Supreme Court of the State of New York · 1905