Hudson River Telephone Co. v. Watervliet Turnpike & Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 24, 1890, continuing for thirty days an injunction granted by the Special Term, and imposing as a condition of the vacating of said injunction that defendant should give •d stipulation as prescribed. The facts, so far as material, are stated in the opinion. The order continuing the in junction is reviewable in this court.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 24, 1890, continuing for thirty days an injunction granted by the Special Term, and imposing as a condition of the vacating of said injunction that defendant should give •d stipulation as prescribed. The facts, so far as material, are stated in the opinion. The order continuing the in junction is reviewable in this court. (McHenry v. Jewett, 90 N. Y. 58; Anderson v. Anderson, 112 id. 104.) The defendant is prior in the time of acquiring its right to use electricity…
1Opinion of the CourtAndrews, J.
We cannot entertain the appeal without
disregarding a long line of decisions in this court holding that the granting of an injunction pendente bite rests in the sound discretion of the court of original jurisdiction, and that this discretion is reviewable only by the General Term. There is an exception to this rule “ where,” as we said in Williams v. W. U. T. Co. (93 N. Y. 640), “ it plainly appears *402on the face of the complaint that the case is one in which, by. settled adjudication, the plaintiff, upon the facts stated, is not entitled to final relief,” and the appeal to this court is from an…
2Cited by5 opinions
- Hesler v. ShaferNew York Supreme Court · 1894
- Hessler v. SchaferNew York Supreme Court · 1894
- Morris v. WellsNew York Supreme Court · 1889
- Railway Co. v. Telegraph Ass'nOhio Supreme Court · 1891
- Thompson v. BoekhoutAppellate Division of the Supreme Court of the State of New York · 1936