Stetson v. Hopper
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isaac A. Hopper, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of November, 1900, granting a preliminary injunction.
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Appeal by the defendant, Isaac A. Hopper, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of November, 1900, granting a preliminary injunction. The complaint alleges the recovery by the plaintiffs of judgments against the Hoagland & Robinson Company, a domestic corporation; that executions have been issued upon said judgments, which executions are outstanding and unsatisfied; that theretofore, in two actions brought by the defendant Hopper against one Henry P. Robinson, the sheriff, under…
1Opinion of the Court
O’Brien, J.:
The only question arising upon this appeal is whether the complaint states a cause of action. The appellant concedes, for the purposes of the appeal, that if it does, the temporary injunction was properly granted. He insists, however, that this action, though brought on the theory of a judgment ^creditor’s bill, is not maintainable ; and in that connection our attention is called to sections 1871— 1879 of the Code of Civil Procedure, specifying particular creditors’ actions which may be maintained, and to certain decisions where actions in aid of the lien of a judgment creditor’s…
2Cases cited5 opinions
- First Nat'l Bk. of Oswego v. . DunnNew York Court of Appeals · 1884
- Home Bank v. J. B. Brewster & Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Koechl v. Leibinger & Oehm Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Easton National Bank v. Buffalo Chemical WorksNew York Supreme Court · 1888
- Creteau v. Foote & Thorne Glass Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Whalen v. StrongAppellate Division of the Supreme Court of the State of New York · 1930
- David Gilmour Door Co. v. SheaAppellate Division of the Supreme Court of the State of New York · 1912
- Hubbard v. United Wireless Telegraph Co.New York Supreme Court · 1909
- In re Superior Jewelry Co.District Court, S.D. New York · 1916