Cummins v. Bennett
New York Court of Chancery
This was an application to dismiss the complainant’s bill, with costs, or for such other order in the premises as might be proper upon the facts of the case. The complainant had filed a bill for the same cause of action and obtained an injunction ; which injunction, upon the coming fin of the answer of the defendants, was dissolved by the order of the chancellor.
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This was an application to dismiss the complainant’s bill, with costs, or for such other order in the premises as might be proper upon the facts of the case. The complainant had filed a bill for the same cause of action and obtained an injunction ; which injunction, upon the coming fin of the answer of the defendants, was dissolved by the order of the chancellor. The complainant thereupon entered a common order to dismiss his bill; and without paying or offering to pay the costs of the defendants in that suit, immediately filed the bill in this cause, and obtained another injunction ex parte,…
1Opinion of the Court
The Chancellor.
The injunction issued in this case was clearly irregular and unauthorized ; without reference to the question whether the first suit for the same cause of action was or was not regularly discontinued before the filing of the second bill. The thirty-second section of the title of the revised statutes relative to the court of chancery, (2 R. S. 173,) expressly prohibits a second application to an injunction master for an injunctinn, or a writ of ne exeat, after the order for an injunction or ne exeat has been refused in whole or in part, or has been granted conditionally, upon a…
2Cited by28 opinions
- Kempton v. BurgessMassachusetts Supreme Judicial Court · 1883
- Stevens v. The RailroadsUnited States Circuit Court · 1880
- Bullivant v. First National BankMassachusetts Supreme Judicial Court · 1923
- Electrical Accumulator Co. v. Brush Electric Co.U.S. Circuit Court for the District of Northern Ohio · 1890
- Lewton v. HowerSupreme Court of Florida · 1882
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