Legal Opinion

Garrison v. Marie

New York Supreme Court

Decided March 15, 1885Published

Motion on the part of plaintiff to continue a temporary injunction obtained by him to restrain the defendants from prosecuting an action in the superior court until the final decision of a case pending in Missouri.

1Opinion of the CourtDonohue, J.

— This is a motion to continue an injunction pending the litigation. The facts, as they appear in the papers on which the motion is made, and most of which are not disputed by the defendants, are substantially as follows:

The plaintiff, in 1875, was the owner of about $1,800,000 *351of the third mortgage bonds of the Pacific railroad of Missouri. The railroad had defaulted in the payment of interest on all its bonds of this class, and a suit to foreclose the mortgage was commenced November 11, 1875, by George E. ICetchum, in the United States circuit court for the eastern district of Missouri, and…

2Cases cited5 opinions

  1. Pacific Railroad of Missouri v. Missouri Pacific Ry. Co. And Others. 1Supreme Court of the United States · 1884
  2. The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
  3. Third Ave. R.R. Co. v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1873
  4. Vail v. KnappNew York Supreme Court · 1867
  5. Pickert v. Canal Boat IndependenceNew York District Court · 1878

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