Flood v. . Van Wormer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 8, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material,, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 8, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material,, are stated in the opinion. The referee finds as a. conclusion of law that the defendant’s notice to plaintiff created a cloud on the title of the plaintiff’s property, and that, this action could he maintained as one to aid in the removal of such cloud. This is a material error, requiring the reversal of this…
1Opinion of the CourtGray, J.
This was an action in equity to restrain the defendant, as commissioner of highways, from removing the plaintiff’s house as encroaching upon the highway. The judgment recovered by the plaintiff adjudged that his house did not encroach upon the highway and restrained the defendant as prayed for.
We think that the equitable interference of the court -was properly invoked and that its decree should be sustained, upon the ground that the defendant, as a public officer, under color of office, had threatened to do an act which would inflict permanent damage to plaintiff’s property and that the…
2Cases cited4 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- Ryan v. BrownMichigan Supreme Court · 1869
- Spear v. CutterNew York Supreme Court · 1849
3Cited by4 opinions
- Palmer v. Hickory Grove CemeteryAppellate Division of the Supreme Court of the State of New York · 1903
- Adirondack Railway Co. v. Indian River Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Birkett Mills v. FennerNew York Supreme Court · 1913
- Elsheimer v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1897