Smith v. Ball
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bertram Ball, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 1st day of February, 1910.
1Opinion of the Court
Jenks, J. :
This appeal is from an order of the Special Term continuing an injunction pendente lite. I do not favor the suggestion that we , now in effect determine the issues. Such a short cut to a conclusion is not avoidance of circuity, but departure from the common course not to be permitted save in exceptional cases. There is no reason thus to accept a trial by affidavits. The litigation does not require unusual expedition, and it is not clear that the evidence upon a judicial trial will not further enlighten the court. Determination upon the merits is not urgent, inasmuch as the question…
2Cases cited6 opinions
- Tripp v. CookNew York Supreme Court · 1841
- Platt v. MunroeNew York Supreme Court · 1861
- Paul v. . MungerNew York Court of Appeals · 1872
- Castoriano v. . DupeNew York Court of Appeals · 1895
- Van Orden v. LedwithAppellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Alexander Smith & Sons Carpet Co. v. BallAppellate Division of the Supreme Court of the State of New York · 1911
- Heim v. New York Stock ExchangeAppellate Division of the Supreme Court of the State of New York · 1910
- In re WhittenAppellate Division of the Supreme Court of the State of New York · 1912
- Morrell v. Brooklyn Borough Gas Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Haywood v. LockwoodNew York Supreme Court · 1915
5 more not listed; retrieve them via the Exa API.