Birge v. Berlin Iron Bridge Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 30, 1891, which reversed an order of Special Term denying a motion to vacate a temporary injunction granted herein.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 30, 1891, which reversed an order of Special Term denying a motion to vacate a temporary injunction granted herein. This action was brought by plaintiff, as a taxpayer of the town of Oswegatchie, St. Lawrence county, to restrain defendants, .the Berlin Iron Bridge Company and Joseph E. Wagner, the supervisor of said town, from carrying out a contract claimed by them to have been made for the erection of a bridge across the Oswegatchie river, in said town, and to have said contract…
1Opinion of the CourtPeckham, J.
The Special Term of the Supreme Court granted an injunction in this action restraining the defendants from taking any proceedings pursuant to an alleged contract between the defendant Wagner, as sole highway commissioner of the town of Oswegatchie, in St. Lawrence county, and the defendant, The Berlin Iron Bridge Company, during the pendency of this action or until the further order of the court.
The defendants appealed to the General Term from such order, and after argument the order was reversed, and in the order it is recited that it is reversed “on the ground that the plaintiff has not the…
2Cases cited4 opinions
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Wells v. . Town of SalinaNew York Court of Appeals · 1890
- Heartt v. . KrugerNew York Court of Appeals · 1890
- Huggans v. . RileyNew York Court of Appeals · 1890
3Cited by5 opinions
- James v. Board of EducationNew York Court of Appeals · 1977
- White v. Inebriates' Home for Kings CountyNew York Court of Appeals · 1894
- Schneider v. . City of RochesterNew York Court of Appeals · 1898
- New York & Rosendale Cement Co. v. DavisNew York Court of Appeals · 1903
- New York & Rosendale Cement Co. v. KeatorAppellate Division of the Supreme Court of the State of New York · 1901