Loomis v. Brown
New York Supreme Court
Appeal dv tne defendants, from a judgment rendered at special term, on demurrer to the complaint. The complaint alleged that on the 7th day of February, 1851, the appellants, Brown, Lord & Smith, together with other persons, as plaintiffs, obtained an injunction in this court restraining the above named respondents, Loomis, Kirby and Gunn, “ from passing or floating, or in any way causing or procuring to be passed or floated, any logs over the dam of the plaintiffs at…
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Appeal dv tne defendants, from a judgment rendered at special term, on demurrer to the complaint. The complaint alleged that on the 7th day of February, 1851, the appellants, Brown, Lord & Smith, together with other persons, as plaintiffs, obtained an injunction in this court restraining the above named respondents, Loomis, Kirby and Gunn, “ from passing or floating, or in any way causing or procuring to be passed or floated, any logs over the dam of the plaintiffs at Brownville.” That this injunction ivas served on said Loomis, Kirby and Gunn, April 18th, 1851. That on the 6th day of…
1Opinion of the Court
By the Court, Gridley, J,
The justice before whom the demurrer in this cause was argued held the complaint good, and overruled the demurrer. This is an appeal from his decision. The first three causes of demurrer have not been much ‘ dwelt *330upon.- In fact there is no ground for the objections raised in those points.
L The complaint sets' forth the nature of the' suit, so far as to say that an injunction was granted in it by a justice of this court; and it states that it was not only commenced but that' issues were joined in it and a judgment rendered therein. This is a sufficient statement. If…
2Cases cited2 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Murray v. HayNew York Court of Chancery · 1845
3Cited by25 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Dowling v. PolackCalifornia Supreme Court · 1861
- Mitchell v. SullivanSupreme Court of Kansas · 1883
- Schiffer v. City of Eau ClaireWisconsin Supreme Court · 1881
- Jacobs v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
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