Shearman v. New-York Central Mills
New York Supreme Court
The material facts upon which the question on this motion arises are, that at the May special term at Herkimer county, an injunction was granted in this suit upon a complaint showing upon its face ample ground therefor. This injunction, among other things, restrained the sale of the real estate of the defendants, The New-York Central Mills, upon two judgments, known as the Rockwell and Ferry, and the Matte-son and Johnson judgments.
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The material facts upon which the question on this motion arises are, that at the May special term at Herkimer county, an injunction was granted in this suit upon a complaint showing upon its face ample ground therefor. This injunction, among other things, restrained the sale of the real estate of the defendants, The New-York Central Mills, upon two judgments, known as the Rockwell and Ferry, and the Matte-son and Johnson judgments. A copy of this injunction was duly served on the several defendants, and continued operative until the 29th day of June last, when the plaintiff’s attorneys…
1Opinion of the Court
Bacon, Justice.
In respect to the first part of the motion, no application to this court was necessary. The notice ex propria vigore operated as a withdrawal and abandonment of the injunction to the extent therein specified, and authorized the defendants to take any proceeding they lawfully could, entirely unembarrassed by the injunction order in the respect in which it had stayed their proceedings.
If the parties desired anything.to appear on the record of the court in any more formal manner, they could, on filing the stipulation with the clerk, have entered a common order to that effect. The…
2Cited by3 opinions
- Dowling v. PolackCalifornia Supreme Court · 1861
- Mitchell v. SullivanSupreme Court of Kansas · 1883
- Kane v. CasgrainWisconsin Supreme Court · 1881