Carroll v. Sand
New York Court of Chancery
This was an appeal from an order or decision of the vice chancellor of the first circuit refusing to set aside, modify, or dissolve an injunction ; and ordering the defendant Sand, and his attorney in an ejectment suit against J. M. Brown, to vacate the judgment entered in such suit, or that an attachment issue against them.
Read the full summary
This was an appeal from an order or decision of the vice chancellor of the first circuit refusing to set aside, modify, or dissolve an injunction ; and ordering the defendant Sand, and his attorney in an ejectment suit against J. M. Brown, to vacate the judgment entered in such suit, or that an attachment issue against them. The bill in this cause was sworn to on the 18th of July, 1842. On the 20th of the same month it was filed, and an injunction was obtained on a certificate of the vice chancellor, acting as an injunction master, restraining all proceedings on the part of Sand to obtain…
1Opinion of the Court
The Chancellor.
I think the vice chancellor erred in sustaining this injunction, as a valid injunction to restrain the proceedings in the ejectment suit against Brown, which suit was commenced previous to the filing of the bill and entering the order for the injunction. If the complainant knew of the ejectment suit, which was commenced on the 19th of July, at the time when she filed her bill in this cause, the next day, she should, before filing such bill, have amended the same, by stating the fact of the commencement of the ejectment suit, and by making the defendant in the suit at law a…
2Cited by4 opinions
- Leavitt v. DabneyThe Superior Court of New York City · 1870
- Lawrence v. BowmanU.S. Circuit Court for the District of Northern California · 1858
- New York & Long Branch Railroad v. DennisSupreme Court of New Jersey · 1878
- Leavitt v. DabneyThe Superior Court of New York City · 1870