Shaw v. Dwight
New York Supreme Court
This was an appeal by the defendant Dwight, from an order made at a special term, denying a motion to dissolve an injunction and to vacate a stay of'proceedings.
1Opinion of the Court
By the Court, Roosevelt, J.
The object of this appeal is to obtain the dissolution of an injunction, which was issued at the instance of the plaintiff, staying all proceedings on two judgments confessed by the defendant St. John, in favor of his co-defendant Dwight, for $7005 and $8000, respectively. The plaintiff alleges that he is the holder of a junior judgment against St. John, and that the two senior judgments, although actually paid, are fraudulently kept on foot to his prejudice, and that Dwight is proceeding to collect the same, by execution. On the other hand, it is contended that, if…
2Cases cited1 opinion
- Burns v. MorseNew York Court of Chancery · 1836
3Cited by3 opinions
- Sharpe v. TatnallCourt of Chancery of Delaware · 1880
- Cox v. SmithOregon Supreme Court · 1882
- Clark v. SmithAppellate Division of the Supreme Court of the State of New York · 1904