Legal Opinion

Stevens v. Central National Bank

New York Court of Appeals

Decided November 26, 1901PublishedCited by 40 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 17,1900, dismissing an appeal from a judgment entered upon an order of the court at Special Term which awarded costs and an extra allowance to defendants.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 17,1900, dismissing an appeal from a judgment entered upon an order of the court at Special Term which awarded costs and an extra allowance to defendants. This action was commenced in the Supreme Court of the State of New York by bondholders of the Lebanon Springs Railroad Company to procure a sale of that company’s road, to set aside a decree rendered in another action as fraudulent, to enjoin certain proceedings by the defendants in the Circuit Court of the United States and…

1Opinion of the CourtVann, J.

As the mandate of the Supreme Court of the United States makes the opinion of that court a part of its judgment, both the mandate and the opinion must be read together in order to learn what the court did. When thus read it is clear that the judgments of the state courts were left undisturbed in substance and reversed or modified only to the extent of striking out the injunction and the order of reference, both of which were incidental to the main relief granted. The plaintiffs held the substantial part of their judgment, but failed to hold two remedies provided to aid in enforcing it. Their…

2Cases cited1 opinion

  1. Equitable Life Assurance Society of the United States v. HughesNew York Court of Appeals · 1890

3Cited by40 opinions

  1. Hyatt v. Sierra Boat Co.California Court of Appeal · 1978
  2. Morgan v. Department of Social SecurityWashington Supreme Court · 1942
  3. Stallo v. WagnerCourt of Appeals for the Second Circuit · 1917
  4. Purdy v. JohnsonCalifornia Court of Appeal · 1929
  5. In Re the Estate of GreatsingerNew York Court of Appeals · 1986

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