Legal Opinion

Town of Fort Edward v. Hudson Valley Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1908PublishedCited by 3 opinions

Appeal, by the. plaintiff, the Town of Fort Edward, from" an order of the Supreme Court, made at the Saratoga Special; Term and entered in the office óf the cleric of the. county of "Washington on the 19th day of. October, 1907$ granting the., defendant’s motion to vacate an injunction herein. - -

1Opinion of the Court

Smith, P. J. :

The granting of this injunction ex parte was not in my judgment .a violation of section 1809 of the Code ;pf Civil Procedure, By that section it is required that an injunction shall not. be granted ex parte which operates to suspend “ the general and ordinary business óf a corporation.” The. Code provision is not clear. ' It is. difficult to tell what, is the general as distinguished- from the .Ordinary business of the corporation.- We are required in the interpretation of á statute to give full effect to every word used, and the only interpretation that can satisfy this rule is…

2Cases cited1 opinion

  1. Howlett v. N. Y., West Shore, &c. Railway Co.New York Supreme Court · 1882

3Cited by3 opinions

  1. In re the Estate HerleNew York Surrogate's Court · 1937
  2. Kimbley v. AdairIdaho Supreme Court · 1920
  3. United Democratic Regular Organization of the Sixteenth Assembly District v. LewisNew York Supreme Court · 1959

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