Hart v. Ogdensburg & Lake Champlain Railroad
New York Supreme Court
Appeal from special term, St. Lawrence county. Action by William T. Hart and others against the Ogdensburg & Lake Champlain Railroad Company and the Central Vermont Railroad Company to restrain defendants from the performance of an agreement of merger and consolidation. An injunction pendente lite was granted, and, from an order refusing to vacate the same, defendants appeal. Affirmed.
1Opinion of the Court
Herrick J.
This is a motion to dissolve an injunction pendente lite. If the injunction is dissolved, the transaction which the plaintiff seeks the aid of the court to prevent may be consummated. The granting of an injunction pendente lite rests in the sound discretion of the court of original jurisdiction, such discretion being reviewable by the general term. Hudson River Tel. Co. v. Watervliet Turnpike & R. Co., 121 N. Y. 397-401, 24 N. E. Rep. 832; Hatch v. Telegraph Co., 93 N. Y. 640. In this case that discretion was deliberately and carefully exercised. The same justice who granted the…
2Cases cited1 opinion
- Hudson River Telephone Co. v. Watervliet Turnpike & R. R.New York Court of Appeals · 1890
3Cited by2 opinions
- Grill v. WiswallNew York Supreme Court · 1894
- Colby v. Equitable Trust Co.New York Supreme Court · 1907