Platt v. . Woodruff
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. This was an equity action, brought for the purposes hereinafter stated.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. This was an equity action, brought for the purposes hereinafter stated. Defendants, the Bank of Dansville, in January, 1867, commenced two actions in the Supreme Court, one against Warren Leland, plaintiff’s assignor, to recover the amount due upon his acceptance of a draft made upon him by the defendant William W. Leland, on the 6th of June, 1866, for $814.73, payable to the order of the…
1Opinion of the Court
Gray, C.
It does not appear from the record why these injunction orders were held to have been “ irregularly and improperly granted.” It may be that the judge holding the terms at which they were vacated was of the opinion subsequently expressed at a General Term (Schell v. The E. R. Co., 51 Barb., 368), that such an order could not be granted by a judge in an action pending in one judicial district to restrain the proceedings involving the same subject-matter between the same parties pending in another judicial district. That it can is now settled. (The E. R. R. Co. v. Ramsey, 45 N. Y., 637.)…
2Cases cited3 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Grazebrook v. M'CreedieNew York Supreme Court · 1832
- Schell v. Erie RailroadNew York Supreme Court · 1868
3Cited by7 opinions
- People v. Lexington Sixty-First AssociatesNew York Court of Appeals · 1976
- Mactavish v. Kent Circuit JudgeMichigan Supreme Court · 1899
- McKendry v. McKendryAppellate Division of the Supreme Court of the State of New York · 1952
- Kloka v. State TreasurerMichigan Supreme Court · 1947
- Mosel v. San Antonio &. A. P. Ry. Co.Court of Appeals of Texas · 1923
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