Woodruff v. Fisher
New York Supreme Court
This was a motion to dissolve an injunction granted by a judge at chambers, upon the complaint, verified as follows: “Jefferson county, ss. Norris M. Woodruff, one of the above named plaintiffs, being duly sworn, deposes and says, that he has heard read the foregoing complaint and knows the contents thereof, and that the same is true of his own knowledge except as to the matters therein stated on his information and belief, and as to those matters he believes it true.”
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This was a motion to dissolve an injunction granted by a judge at chambers, upon the complaint, verified as follows: “Jefferson county, ss. Norris M. Woodruff, one of the above named plaintiffs, being duly sworn, deposes and says, that he has heard read the foregoing complaint and knows the contents thereof, and that the same is true of his own knowledge except as to the matters therein stated on his information and belief, and as to those matters he believes it true.” Sworn, &c. The action was brought against Archibald Fisher, Lawrence H. De Long, and Abel P. Morse, commissioners appointed…
1Opinion of the CourtHand, J.
A few preliminary objections have been made on both sides, which should be first noticed. If the plaintiffs showed sufficient cause, a judge in the fifth judicial district had authority to grant the injunction. Although the estimate of expense was to be presented, and the commissioners to appraise damages, &c. appointed by the court in the fourth judicial district, that does not affect the question of jurisdiction, in a suit brought in relation to the subject matter of the act. (And see Code, § 401.)
It is said the venue ought not to have been laid in Jefferson county; because the…
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