Furey v. . Town of Gravesend
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made September 21, 1885, which reversed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at special term, and vacated an injunction granted herein. This action was brought to restrain defendants, the town of Gravesend and the trustees of the common lands of the town, from selling, or disposing of certain of said lands except to plaintiffs.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made September 21, 1885, which reversed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at special term, and vacated an injunction granted herein. This action was brought to restrain defendants, the town of Gravesend and the trustees of the common lands of the town, from selling, or disposing of certain of said lands except to plaintiffs. On the 4th day of April, 1871, a resolution was adopted by the electors of the town, at the annual town meeting then held, as…
1Per curiam
We are of the opinion that the complaint in' this action, shows no such interest in the lands which are the subject of the dispute, as entitles the plaintiffs to the relief demanded, or the injunction awarded them by the trial court. The judgment rendered there, awarded to the plaintiffs a perpetual injunction, against the town from selling or convey" ing to one William Ziegler, certain lands owned by it.
Eo affirmative relief in respect to such lands was demanded in the complaint, or claimed on the trial, and the entire extent of the plaintiffs’ claim, was an absolute and arbitrary right to…
2Cited by15 opinions
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- Diederich v. RoseIllinois Supreme Court · 1907
- Martin v. MartinNew York City Family Court · 1968
- "Vincenza" v. "Vincenza"New York Family Court · 1950
- Inhabitants of Orvil v. Mayor of WoodcliffSupreme Court of New Jersey · 1900
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