Hanlon v. Supervisors of Westchester
New York Supreme Court
Motion to continue an injunction. This action was brought by Patrick H. Hanlon against the Board of Supervisors of the County of Westchester, the Commissioners of Madison-avenue in that county, and others. The facts involved in the merits of the action appear in the opinion.
1Opinion of the CourtTappen, J.
The code gives a party a right, as a matter of course, to amend a complaint at any time before the expiration of twenty days. This' plaintiff cannot therefore be prevented from amending the complaint, if he see fit so to do. The plaintiff does not therefore need to appeal to the court in that respect. The only question for the court to determine is, whether that amendment shall be before the court on the motion to continue the injunction.
I shall hold that the allegation is a further and more distinct specification of that portion of the complaint which avers irreparable injury and a nuisance,…
2Cases cited7 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Milhau v. . SharpNew York Court of Appeals · 1863
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Pettit v. ShepherdNew York Court of Chancery · 1835
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3Cited by6 opinions
- In re FordNew York Supreme Court · 1872
- People ex rel. Board of Commissioners for the Erection of a New Courthouse v. Board of SupervisorsNew York Supreme Court · 1901
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882
- People ex rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1903
- Sharpleigh v. SurdamU.S. Circuit Court for the District of Western Tennessee · 1876
1 more not listed; retrieve them via the Exa API.