Ocorr v. Lynn
New York Supreme Court
The plaintiff sought an injunction in this action restraining the defendant Lynn from disposing of stock held by him as trustee but his complaint was dismissed after a trial at equity term. A temporary injunction had been granted pending the trial which was vacated with the judgment denying him relief.
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The plaintiff sought an injunction in this action restraining the defendant Lynn from disposing of stock held by him as trustee but his complaint was dismissed after a trial at equity term. A temporary injunction had been granted pending the trial which was vacated with the judgment denying him relief. He seeks a temporary injunction pending his appeal and alleges in his affidavits that the defendant Lynn intends to dispose of certain stock contrary to plaintiff’s interest and will dispose of. the same unless restrained. The defendant Lynn denies that he ever threatened or advised a sale of…
1Opinion of the CourtRodenbeck, J.
The language of the Code of Civil Procedure is sufficiently broad to permit the court to grant a temporary injunction in a proper case'pending an appeal. It provides that an injunction may be granted where it appears that the defendant during the pendency of the action is threatening or is about *490to do an act in violation of the plaintiff’s rights tending to render the judgment ineffectual. Code Civ. Pro. § 604. There is no reason for construing this language to mean the judgment on the trial. It may be construed to apply to a judgment on appeal. The Code further provides that the order may be…
2Cases cited5 opinions
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
- Spears v. . MathewsNew York Court of Appeals · 1876
- Disbro v. DisbroNew York Supreme Court · 1869
- Hoyt v. CarterNew York Supreme Court · 1851
- Town of Guilford v. CornellNew York Supreme Court · 1857
3Cited by4 opinions
- Uniformed Firefighters Ass'n of Greater New York v. City of New YorkNew York Court of Appeals · 1992
- Chin v. WymanNew York Supreme Court · 1963
- F. F. Shore & Co. v. RomanerAppellate Division of the Supreme Court of the State of New York · 1955
- Leibowits v. LeibowitsAppellate Division of the Supreme Court of the State of New York · 1983