Village of Seneca Falls v. Matthews
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the seventh circuit. The bill was filed to determine the right of the defendant, as street commissioner of the second ward of the village of Seneca Falls, to superintend the building of a bridge in the said ward, and to contract for the work and materials necessary for the same.
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This was an appeal from an order of the vice chancellor of the seventh circuit. The bill was filed to determine the right of the defendant, as street commissioner of the second ward of the village of Seneca Falls, to superintend the building of a bridge in the said ward, and to contract for the work and materials necessary for the same. The vice chancellor made an ex parte order to show cause why an injunction should not be granted according to the prayer of the bill, and allowed a temporary injunction in the meantime. And upon hearing of the parties he ordered the injunction to be continued…
1Opinion of the Court
The Chancellor.
The vice-chancellor erred in refusing to permit the defendant to read affidavits in opposition to the application for the injunction. Where a preliminary injunction is granted absolutely in the first instance, and the defendant asks to have it dissolved upon the ground that the whole equity of the bill is denied by the answer, it is not the practice to allow him to read affidavits in support of his answer, except in those cases where the answer itself is not conclusive, under the last clause of the 37th rule. But where the complainant is directed to give notice of his…
2Cited by8 opinions
- Hicks v. MichaelCalifornia Supreme Court · 1860
- People v. OsborneSupreme Court of Colorado · 1884
- State ex rel. Thayer v. BoydNebraska Supreme Court · 1891
- State ex rel. Robert v. MurphySupreme Court of Florida · 1893
- Attorney-General Ex Rel. Andrews v. RemickSupreme Court of New Hampshire · 1904
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