Smith v. Reno
New York Supreme Court
Motion to vacate an in~ junction. The action was brought to recover the possession of lands which the plaintiff claimed to own in fee. The complaint alleged that the defendant, being in possession, had been, and then was, cutting, destroying, disposing of, and removing large quantities of growing and standing timber and wood from the premises, and had destroyed the fences thereon, and suffered them to go to decay.
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Motion to vacate an in~ junction. The action was brought to recover the possession of lands which the plaintiff claimed to own in fee. The complaint alleged that the defendant, being in possession, had been, and then was, cutting, destroying, disposing of, and removing large quantities of growing and standing timber and wood from the premises, and had destroyed the fences thereon, and suffered them to go to decay. The plaintiff demanded, as a part of the relief to which he was entitled, an injunction to restrain the defendant from the commission of any further waste upon the premises. The…
1Opinion of the Court
Harris, Justice.
The plaintiff supposes that by showing a violation of the injunction on the part of the defendant, he can defeat the motion to dissolve it. In this, I think, he is mistaken. It is true, that a party who is in contempt, can not apply to the court for a favor. But he must have been adjudged to be in contempt before this rule can be applied to him. It is not enough to produce affidavits showing that the court might be justified in so adjudging. And, even after he has actually been adjudged to be in contempt, he has a right to be heard upon any matters of strict right. The rule…
2Cited by7 opinions
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- State v. McGaheyNorth Dakota Supreme Court · 1904
- Wireless Specialty Apparatus Co. v. PriessMassachusetts Supreme Judicial Court · 1923
- McRoberts v. WashburneSupreme Court of Minnesota · 1865
- State ex rel. Register v. PattersonNorth Dakota Supreme Court · 1904
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