Legal Opinion

Fourth National Bank v. Scott

New York Supreme Court

Decided December 15, 1883Published

Motion by the defendants for a new trial on exceptions ordered to be first heard at the General Term, after a verdict had been directed in favor of the plaintiff.

1Opinion of the Court

Daniels, J.:

The action was upon an undertaking given to obtain an injunction in a case wherein Darius Miller and another were plaintiffs, and the plaintiff in this action, with others, were defendants. The undertaking is in the form prescribed by section 620 of the Code of Civil Procedure. Upon a motion to continue the injunction against the defendants, an order was made m favor oí the present plaintiff, *302•denying such motion, and it was ordered that the injunction, so far as it=applied to or in any way affected the Fourth National Bank, should be in all respects vacated, set aside and…

2Cases cited3 opinions

  1. Johnson v. . ElwoodNew York Court of Appeals · 1880
  2. Ehle v. PurdyNew York Supreme Court · 1831
  3. Warner v. RossNew York Supreme Court · 1880

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