Akrill v. Selden
New York Supreme Court
In Equity. Application by the complainant for an injunction, and for an order to show cause why an attachment should not be issued for a violation of an order to show cause against an injunction. The bill was founded upon an agreement between the parties respecting certain manufacturing works, which agreement the defendants insisted was a mere contract of hiring, and that it did not give to the plaintiff the right to the possession of the property.
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In Equity. Application by the complainant for an injunction, and for an order to show cause why an attachment should not be issued for a violation of an order to show cause against an injunction. The bill was founded upon an agreement between the parties respecting certain manufacturing works, which agreement the defendants insisted was a mere contract of hiring, and that it did not give to the plaintiff the right to the possession of the property. The motion was made previous to a decree in the cause establishing the rights of the parties, and while the defendants were in possession of the…
1Opinion of the CourtEdwards, J.
The complainant alleges that he was not in possession of the works mentioned in his agreement, at the time of filing his bill; but that, on the contrary, the defendants were in possession, claiming title, and alleging that the complainant had forfeited his right to the use of the works, by reason of a breach of his agreement. The question then is, not whether this court will, by the process of injunction, restrain an interference with the complainant’s possession; hut whether it will grant'an injunction, the indirect effect of which will be to reinstate him in his possession. It is well…
2Cases cited2 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
3Cited by9 opinions
- Indian Land & Trust Co. v. ShoenfeltCourt of Appeals for the Eighth Circuit · 1905
- T. B.R.R. Co. v. . B., H.T. W. Ry. Co.New York Court of Appeals · 1881
- Troy & Boston Railroad Co. v. Boston, Hoosac Tunnel & Western RailwayNew York Court of Appeals · 1881
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Snyder v. HopkinsSupreme Court of Kansas · 1884
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