Elliott v. Smith
New York Supreme Court
Appeal from special term, Erie county. Action by Matthew G-. Elliott against Elijah S. Smith, impleaded, etc., to foreclose a mortgage. From an order continuing an injunction restraining defendant from collecting or disposing of a judgment which he had recovered against plaintiff, defendant appeals. Reversed.
1Opinion of the CourtDwight, P. J.
The action is for the foreclosure of a mortgage of real estate "made by the defendant, and the injunction which is prayed for in the complaint, and was granted temporarily on the ex parte application of the plaintiff, restrains the defendant from collecting or disposing of a judgment which he has recovered and now holds against the plaintiff, and upon which execution has been issued, until the determination of this action and the sale of the mortgaged premises, and the entry of judgment therein for a deficiency,—if a deficiency shall arise on such sale,—to the end that the amount of such…
2Cases cited3 opinions
- Pond v. . HarwoodNew York Court of Appeals · 1893
- Hackett v. ConnettNew York Court of Chancery · 1833
- Hatch v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
3Cited by2 opinions
- Clark v. Vilas National BankAppellate Division of the Supreme Court of the State of New York · 1897
- Clark v. Vilas National Bank of PlattsburghAppellate Division of the Supreme Court of the State of New York · 1897