Leavitt v. Dabney
The Superior Court of New York City
Appeal from, an order. This action was brought by Rufus W. Leavitt and others against Charles H. Dabney and others. A preliminary injunction order had been obtained from a justice of the court, restraining the defendants from parting with certain moneys which had been put in their hands to pay the interest about to fall due upon certain Peruvian and Chilian bonds.
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Appeal from, an order. This action was brought by Rufus W. Leavitt and others against Charles H. Dabney and others. A preliminary injunction order had been obtained from a justice of the court, restraining the defendants from parting with certain moneys which had been put in their hands to pay the interest about to fall due upon certain Peruvian and Chilian bonds. Upon obtaining the injunction the plaintiffs gave an undertaking, with two sureties, but not executed by themselves, that the plaintiffs would pay to the defendants such damages, not exceeding one thousand dollars, as they might…
1Opinion of the Court
By the Court.*—Monell, J.
The printed case with which we have been furnished upon this appeal, does not contain a copy of the judgment, and we are, therefore, unable to ascertain precisely what it contains. *375It appears from one of the moving affidavits that judgment final for the defendants has been entered, but nothing farther is stated of its contents; and we cannot, therefore, say whether it contains any provisions which will aid the defendants in reversing the order in this case. On the contrary, every presumption is in favor of the correctness of the order, and we are, therefore, bound to…
2Cases cited10 opinions
- Methodist Churches of New York v. . BarkerNew York Court of Appeals · 1858
- Sullivan v. Judah & WeedNew York Court of Chancery · 1834
- New York Printing & Dying Establishment v. FitchNew York Court of Chancery · 1830
- Garcie v. SheldonNew York Supreme Court · 1848
- Cayuga Bridge Co. v. MageeNew York Court of Chancery · 1830
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3Cited by4 opinions
- Laird v. MoonanSupreme Court of Minnesota · 1884
- Hayden v. KeithSupreme Court of Minnesota · 1884
- Rue v. MerrillWyoming Supreme Court · 1931
- Hovey v. Rubber Tip Pencil Co.The Superior Court of New York City · 1874