Sargent v. St. Mary's Orphan Boys' Asylum
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,- James Sargent,- from an order of the ' Supreme" Court; made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 19th day of September, 1905, confirming the report of a referee appointed to ascertain the damages sustained by the defendants or either of them by reason of a restraining order granted at the commencement of the action.
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Appeal by the plaintiff,- James Sargent,- from an order of the ' Supreme" Court; made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 19th day of September, 1905, confirming the report of a referee appointed to ascertain the damages sustained by the defendants or either of them by reason of a restraining order granted at the commencement of the action. The action was commenced on or about May 22, 1901, for the purpose of restraining the board of education of the city of Rochester and the public officials from paying the defendants Leonie,.…
1Opinion of the Court
Nash, J.:
The learned referee, in his opinion, says:. “ If the question were a new one, I should find difficulty in coming to the conclusion that this expense was incurred by the defendants ‘ by reason of the injunction,’ and such it must be to come *677within the terms of the undertaking. The injunction was self-limited. Whatever order the court might make upon the return of the order to show cause would supersede the original order granting the in junction in question. If the court had granted the plaintiff’s motion it would have granted a new injunction to continue during the pendency of the…
2Cases cited4 opinions
- Randall v. . CarpenterNew York Court of Appeals · 1882
- Sweet v. MowryNew York Supreme Court · 1893
- Perlman v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1903
- Perlman v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Reeves v. SullivanAppellate Division of the Supreme Court of the State of New York · 1907