Anderson v. . Anderson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made May 18, 1888, which reversed an order of Special Term granting a preliminary injunction. The order of reversal stated that it was granted “ for the reason that the action is not maintainable.” This action was brought by plaintiff as devisee under the will of John Anderson, of all of the real estate of which he died seized, against the heirs-at-law of the testator.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, made May 18, 1888, which reversed an order of Special Term granting a preliminary injunction. The order of reversal stated that it was granted “ for the reason that the action is not maintainable.” This action was brought by plaintiff as devisee under the will of John Anderson, of all of the real estate of which he died seized, against the heirs-at-law of the testator. The nature of the action and of the injunction are stated in the opinion. n The order of the General Term' having reversed that of the…
1Opinion of the CourtPeckham, J.
This action is brought to establish by a judgment of the Supreme Court the will of the late John Anderson. The case comes here on an appeal from an order of the General Term reversing an order of the Special Term granting an injunction restraining defendants from the prosecution of any action based upon the invalidity of the alleged will. Ordinarily no appeal lies to this court from an order dissolving an injunction, but the General Term has incorporated in its order a statement that the order of the Special Term granting the injunction is reversed on the ground that the action cannot be…
2Cases cited11 opinions
- The People v. . JaehneNew York Court of Appeals · 1886
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Wager v. . WagerNew York Court of Appeals · 1882
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Bailey v. . BriggsNew York Court of Appeals · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Kalish v. . KalishNew York Court of Appeals · 1901
- Lawrence v. . LittlefieldNew York Court of Appeals · 1915
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Brissie v. CraigSupreme Court of North Carolina · 1950
- Quinlan v. . WelchNew York Court of Appeals · 1894
56 more not listed; retrieve them via the Exa API.