Wilson v. Dreyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Homer Wilson, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of June, 1901, appointing a referee to ascertain the damages sustained by the defendant by reason of an injunction theretofore granted in the action.
1Opinion of the Court
Laughlin, J.:
The order appealed from appoints a referee to ascertain the damages sustained by the defendant in this action by reason of an injunction theretofore granted herein on the application of the plaintiff. The injunction has been vacated and final judgment has been entered dismissing the complaint. The action was brought in Queens county and the place of trial was not changed. Plaintiff objected to the hearing of this motion in the first department, but his objection was overruled.
The question for determination on this appeal is whether the motion was properly made and entertained at…
2Cases cited2 opinions
- Gillig v. George C. Treadwell Co.New York Court of Appeals · 1897
- Phillips v. . WheelerNew York Court of Appeals · 1876
3Cited by2 opinions
- Bolton v. ThacherNew York Supreme Court · 1926
- Byrne v. Lathrop, Shea & Henwood Co.New York Supreme Court · 1908