New York & Mount Vernon Transportation Co. v. Tyroler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George Tyroler and another, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 17th day of November, 1897, continuing an injunction pendente lite, and also from an order entered in said clerk’s office on the 24th day of November, 1897, resettling said first-mentioned order.
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Appeal by the defendants, George Tyroler and another, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 17th day of November, 1897, continuing an injunction pendente lite, and also from an order entered in said clerk’s office on the 24th day of November, 1897, resettling said first-mentioned order. The action was brought to enjoin the enforcement of a judgment obtained by the defendant Tyroler against the plaintiff corporation, and to procure such judgment to be set aside.
1Opinion of the Court
"Woodward, J.: ,
The facts on which the court acted in granting the injunction ¡showed that the defendants had secured a judgment against the plaintiff corporation by default, upon a claim for salary assigned by the ¡alleged secretary, treasurer and general manager of the plaintiff ■company to the defendant Tyroler, and ■ that the sheriff of the county of New York was about to offer the property of the plaintiff corporation for sale to satisfy the judgment. A temporary injunction was granted restraining the sheriff and others from acting upon the judgment, and this injunction was afterward…
2Cases cited3 opinions
- McHenry v. . JewettNew York Court of Appeals · 1882
- Butler v. VieleNew York Supreme Court · 1861
- Arnold v. GilbertNew York Supreme Court · 1849
3Cited by9 opinions
- Gardner v. Town of CameronAppellate Division of the Supreme Court of the State of New York · 1913
- Petty v. EmeryAppellate Division of the Supreme Court of the State of New York · 1904
- Loos v. McCormackAppellate Division of the Supreme Court of the State of New York · 1905
- Booth v. DodgeAppellate Division of the Supreme Court of the State of New York · 1901
- Ellis v. KeelerAppellate Division of the Supreme Court of the State of New York · 1908
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