Ten Eyck v. Lombard

This is a suit for an injunction restraining the defendant from dealing in milk. The cause was tried before this court at Equity Term, without a jury. At the end of the plaintiff’s *518case the defendant moved to dismiss the complaint “ upon the ground that it clearly appears from the evidence produced by the plaintiff that they have wholly failed to make a cause of action for a permanent injunction.” The court reserved decision upon this motion, and the defendant rested. After recess, the court granted the defendant’s motion, reading the following statement into the record: “ In the decision of…