Reynolds v. . Everett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February Y, 1893, which affirmed a judgment in favor of the defendants entered upon an order dismissing the complaint on trial at Special Term. This action was brought to obtain equitable relief by way of a perpetual injunction against the defendants; restraining them from the commission of certain acts complained of as being illegal and injurious.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February Y, 1893, which affirmed a judgment in favor of the defendants entered upon an order dismissing the complaint on trial at Special Term. This action was brought to obtain equitable relief by way of a perpetual injunction against the defendants; restraining them from the commission of certain acts complained of as being illegal and injurious. The plaintiffs were engaged in the business of manufacturing cigars in the city of Binghamton and the defendants were, in…
1Opinion of the CourtGray, J.
It is our opinion that, under the state of facts as they were found to be at the time of the trial, the refusal of the prayer for the permanent injunction was a discretionary matter. The only relief demanded was that of a perpetual injunction and there was neither a finding, nor a request to find, or to award, damages. The finding of the trial justice was, and it appeared upon the trial as an uncontroverted fact, that the so-called “ strike ” began on a certain day and was then over and there no longer existed that condition of things, in which the complainants had sought the aid of a court…
2Cited by28 opinions
- Longshore Printing Co. v. HowellOregon Supreme Court · 1894
- Davis v. ZimmermanNew York Supreme Court · 1895
- Mills v. United States Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Behre v. Anchor Ins.Court of Appeals for the Second Circuit · 1924
- L. D. Willcutt & Sons Co. v. DriscollMassachusetts Supreme Judicial Court · 1908
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