Mott v. . Underwood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1, 1893, which affirmed a judgment in favor of defendants dismissing the complaint entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Injunction is a proper remedy in this action.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1, 1893, which affirmed a judgment in favor of defendants dismissing the complaint entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Injunction is a proper remedy in this action. (Wright v. S. B. & N. Y. R. R. Co., 49 Hun, 445; 124 N. Y. 668; High on Injunc. § 739; Corning v. T. I. & N. Factory, 40 N. Y. 191; Mulry v. Norton, 100 N. Y. 424; P. G. Co. v. C. G. Co.,…
1Opinion of the CourtMartin, J.
On the first day of July, 1891, a large portion of Great South bay in the county of Suffolk, N. Y., was owned by Helen T. and William S. Smith the infant heirs of Robert R. Smith and the town of Brookhaven, under its corporate name of The Trustees of the Freeholders and Commonalty of the Town of Brookhaven, as tenants in common. The heirs of Robert R. Smith and the town of Brookhaven each owned an undivided one-lialf. The entire property contained about forty thousand acres of land under water, nearly all of which was suitable for oyster culture. Much of it was capable of nourishing and…
2Cases cited2 opinions
- Lebarron v. . BabcockNew York Court of Appeals · 1890
- T. B.R.R. Co. v. . B., H.T. W. Ry. Co.New York Court of Appeals · 1881
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- Burack v. I. Burack, Inc.Yonkers City Court · 1985
- People v. WanzerNew York Supreme Court · 1904
- Baum v. TowersNew York Supreme Court · 1968
- Greenwood Lodge, No. 118, I. O. O. F. v. HymanMississippi Supreme Court · 1937
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