Legal Opinion

Dixon v. Talerico

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1926PublishedCited by 8 opinions

1Per curiam

The granting of temporary injunction orders is authorized by sections 877 and 878 of the Civil Practice Act, and the proceedings are regulated by those and the following sections.

It has been elementary law in this State for more than 100 years that an injunction order may not be granted restraining one who is not a party to the action, and who has not been brought into court where he may be heard and represented. (Fellows v. Fellows, 4 Johns. Ch. 25; Watson v. Fuller, 9 How. Pr. 425; Milhau v. Sharp, 15 Barb. 193, 224; Batterman v. Finn, 32 How. Pr. 501; Rorke v. Russell, 2 Lans. 244, 247;…

2Cases cited12 opinions

  1. The People Ex Rel. Negus v. . DwyerNew York Court of Appeals · 1882
  2. Hawley v. FairbanksSupreme Court of the United States · 1883
  3. Milhau v. SharpNew York Supreme Court · 1853
  4. Richman v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1906
  5. Richman v. . Consolidated Gas Co.New York Court of Appeals · 1906

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Lyle v. HaskinsWashington Supreme Court · 1946
  2. State University of New York v. DentonAppellate Division of the Supreme Court of the State of New York · 1970
  3. Westinghouse Electric Supply Co. v. R.P. Brosseau & Co.Appellate Division of the Supreme Court of the State of New York · 1989
  4. In re FarrellNew York Supreme Court · 1954
  5. In re the Arbitration between Romanoff & Nilow Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1947

3 more not listed; retrieve them via the Exa API.

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