People ex rel. Haberman v. James
Appellate Division of the Supreme Court of the State of New York
Motion by the relators, Frederick Haberman and another, and ”by the defendants, David II. James and others, for a new trial on a case containing exceptions, ordered to be heard at the Appellate .Division in the first instance upon the verdict of the jury rendered by direction of the court after a trial at the Trial Term of the ¡Supreme Court on the 15th day of January, 1896. The action was tried before the court and a jury.
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Motion by the relators, Frederick Haberman and another, and ”by the defendants, David II. James and others, for a new trial on a case containing exceptions, ordered to be heard at the Appellate .Division in the first instance upon the verdict of the jury rendered by direction of the court after a trial at the Trial Term of the ¡Supreme Court on the 15th day of January, 1896. The action was tried before the court and a jury. The court dismissed the complaint as to the Central Stamping Company, defendían t, and ordered judgment in favor of the plaintiff against the other defendants. The action…
1Opinion of the Court
Williams, J.:
If the action is to be regarded merely as one under subdivision 3 of section 1948 of the Code, we are unable to see how the corporation was a necessary or proper party defendant. Such an action is purely statutory and is not one against a corporation, but against persons, and the judgment is expressly provided for by section 1955, as follows:
*416“ In an action brought as prescribed in subdivision third of section 1948 of this act, the final judgment in favor of the plaintiff must perpetually restrain the defendant, or defendants, from the commission or continuance of the act or acts…
2Cases cited4 opinions
- The People v. . WalkerNew York Court of Appeals · 1858
- People v. Equity Gas Light Co.New York Court of Appeals · 1894
- People ex rel. Schindler v. FlintCalifornia Supreme Court · 1883
- Commercial Bank v. StateMississippi Supreme Court · 1846
3Cited by6 opinions
- Garzo v. Maid of the Mist Steamboat Co.New York Court of Appeals · 1952
- In re FriedmanAppellate Division of the Supreme Court of the State of New York · 1917
- Martini v. McCaldinAppellate Division of the Supreme Court of the State of New York · 1918
- Lord v. Equitable Life Assurance Society of United StatesNew York Supreme Court · 1905
- People ex rel. Western Union Telegraph Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1920
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