Musgrave v. . Sherwood
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion on the part of defendant to assess his damages, by reason of two preliminary injunctions issued herein. Upon decision of the court, on trial" of the action 'at Special Term, judgment was perfected March 14, 1878, in favor of defendant dismissing plaintiff’s complaint, with costs.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying a motion on the part of defendant to assess his damages, by reason of two preliminary injunctions issued herein. Upon decision of the court, on trial" of the action 'at Special Term, judgment was perfected March 14, 1878, in favor of defendant dismissing plaintiff’s complaint, with costs. Plaintiff served notice of appeal therefrom April 6, 1878, and on April 23, 1878, after service of notice of the motion for a reference, duly executed, filed and ■ served…
1Per curiam
Each of the undertakings given by the plaintiff provided for the payment to the defendant of such damages as he might sustain by reason of the injunction, if the court should finally decide that the plaintiff Avas not entitled thereto.
The decision of the Special Term, if alloAved to stand, Avas a determination of the case. But Avhen an appeal was perfected by the execution of the bond required by the Code, the final decision Avas postponed until that appeal Avas decided. In the meantime, the defendant has no claim to an order of reference to assess the damages. The plaintiff having appealed,…
2Cases cited3 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Lawton v. . GreenNew York Court of Appeals · 1876
- Methodist Churches of New York v. . BarkerNew York Court of Appeals · 1858
3Cited by15 opinions
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Johnson v. . ElwoodNew York Court of Appeals · 1880
- New York Security & Trust Co. v. LipmanNew York Supreme Court · 1895
- Cook v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1915
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