Legal Opinion

Wakeman v. New York, Lake Erie & Western Railroad

Supreme Court of New Jersey

Decided June 15, 1882PublishedCited by 4 opinions

On appeal from a decree of the chancellor, based on the following opinion of Van Fleet, V. C.: What the complainant really asks in this case is a mandatory injunction. He has framed his prayer so that if an injunction follows its language, it will be, in form, simply prohibitory,' but its effect must be mandatory. It will, in effect, command an affirmative act to be done, viz., the removal of obstructions from alleged ways.

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On appeal from a decree of the chancellor, based on the following opinion of Van Fleet, V. C.: What the complainant really asks in this case is a mandatory injunction. He has framed his prayer so that if an injunction follows its language, it will be, in form, simply prohibitory,' but its effect must be mandatory. It will, in effect, command an affirmative act to be done, viz., the removal of obstructions from alleged ways. As a general rule a mandatory injunction will not be ordered except upon final hearing. This rule has a single exception. A mandatory injunction may be ordered on motion…

1Opinion of the Court

The opinion of the court was delivered by

Beasley, C. J.

The application for an interlocutory injunction was very properly rejected by the vice-chancellor in this case, for not the *499slightest ground for such an equity is laid in the bill. Its statements are substantially these: That the complainant was the owner of a tract of land situated in the city of Newark, extending from Passaic street to the Passaic river, and that in the year 1872 the Erie Railway Company desired to have a strip of this tract and of certain lands belonging to one Sandford, for the use of its railroad, and that the…

2Cited by4 opinions

  1. Spoor-Thompson, C., Co. v. Bennett, C.New Jersey Court of Chancery · 1929
  2. Mayor, C., Jersey City v. CoppingerNew Jersey Court of Chancery · 1927
  3. Rockaway, C., Corp. v. D., L. W.R.R. Co.New Jersey Court of Chancery · 1927
  4. Scuorzo v. InfantinoNew Jersey Court of Chancery · 1929

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