Roberts v. Mathews
New York Court of Common Pleas
Motion to dissolve a preliminary injunction.
1Opinion of the CourtCardozo, J.
In Fredericks a. Mayer (1 Bos. S. C. R., 227), Judge Woodruff (see p. 232) very justly and accurately says: “ The frequency of applications for injunctions,pendent elite, and I may add, the facility with which they are obtained, may properly induce us to recur to some familiar rules which ought to govern the court in the exercise of its summary and, in a degree, arbitrary power; it should be guarded by a most cautious discretion, forbidding its exercise when it will operate oppressively, or Work immediate injury, or where the right of the plaintiff is doubtful, or the facts are not clearly…
2Cases cited2 opinions
- Marquart v. La FargeThe Superior Court of New York City · 1856
- Redfield v. MiddletonThe Superior Court of New York City · 1860
3Cited by1 opinion
- Little v. GallusAppellate Division of the Supreme Court of the State of New York · 1896