Spears v. . Mathews
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department affirming an order of Special Term granting an injunction herein, and reviving and continuing a preliminary injunction obtained by plaintiffs. The action had been tried upon the merits, and judgment perfected in favor of defendant, and the motion was made pending an appeal from the judgment.
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Appeal from order of the General Term of the Supreme Court in the first judicial department affirming an order of Special Term granting an injunction herein, and reviving and continuing a preliminary injunction obtained by plaintiffs. The action had been tried upon the merits, and judgment perfected in favor of defendant, and the motion was made pending an appeal from the judgment. The court has no power after judgment, and pending an appeal therefrom, to grant an injunction in the same action, or to revive a preliminary injunction previously granted. (Erie R. Co. v. Ramsey, 45 N. Y.,…
1Per curiam
The precise question involved in this appeal was decided adversely to the respondents by this court in Fellows v. Heermans (reported in 13 Abb. Pr. [N. S.], 1), where it was held that the court had no power to revive or continue a temporary injunction obtained by the plaintiff, after judgment against him in the action pending his appeal from the judgment.
The decision was made by a divided court, but a majority of the judges agreed to the judgment pronounced’ in that case, and the question here presented was considered and distinctly passed upon. The court were of the opinion that the Code…
2Cases cited1 opinion
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
3Cited by11 opinions
- People ex rel. Gaynor v. McKaneNew York Supreme Court · 1894
- Pierce v. City of Los AngelesCalifornia Supreme Court · 1911
- Ocorr v. LynnNew York Supreme Court · 1918
- People v. Asiatic Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- United States Title Guaranty Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1913
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