Legal Opinion

Beardslee v. . Ingraham

New York Court of Appeals

Decided January 23, 1906PublishedCited by 20 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July Y, 1905, tvhicli affirmed an order of Special Term granting a motion for an injunction pendente lite.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July Y, 1905, tvhicli affirmed an order of Special Term granting a motion for an injunction pendente lite. The material facts alleged in the complaint upon which the injunction was granted are as follows: On September 29, 1902, in a suit in the Court of Chancery in the state of New Jersey, a decree was made adjudging the National Salt Company, a corporation organized under the laws of that state, to be insolvent, and appointing Nathan S. Beardslee and Frank P.…

1Opinion of the CourtWillard Bartlett, J.

An injunction against a United States marshal, forbidding him from selling under an execution issued out of the Circuit Court of the United States, is in effect an injunction against the Federal tribunal itself. (Central National Bank v. Stevens, 169 U. S. 432, 463, and cases there cited.) In that case a part of the decree of the state court under review sought to restrain the complainants in a suit in the United States Circuit, Court from proceeding under the final decree of sale in the United States Circuit Court and from enforcing the other remedies adjudged to them by that decree. The…

2Cases cited9 opinions

  1. Covell v. HeymanSupreme Court of the United States · 1884
  2. Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
  3. Riggs v. Johnson CountySupreme Court of the United States · 1868
  4. Moran v. SturgesSupreme Court of the United States · 1894
  5. Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859

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3Cited by20 opinions

  1. Cleveland v. WardTexas Supreme Court · 1926
  2. Copeland v. SalomonNew York Court of Appeals · 1982
  3. Way Way v. Coca Cola Bottling Co.Texas Supreme Court · 1930
  4. Johnson v. SmithNew York Court of Appeals · 1948
  5. Securities and Exchange Commission v. TorrDistrict Court, S.D. New York · 1938

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