Dittmar v. De Castellane
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Anton J. Dittmar against Boni, Count de Castellane, and others. From an order continuing an injunction pendente lite, George J. Gould and others, defendants, as trustees of Jay Gould, deceased, appeal.
1Dissent
O'BRIEN, J. (dissenting).
It is unnecessary to discuss the numerous objections urged by the appellants, and I shall confine myself to the only one deemed worthy of attention by the majority of the court, namely, that the failure to obtain a judgment and issue an execution is fatal to the action. This I do not regard as an open question either in this court or in the court of appeals. It has been twice before us in Patchen v. Rofkar, 12 App. Div. 475, 42 N. Y. Supp. 35; Id., 52 App. Div. 367, 65 N. Y. Supp. 122,—and before the court of appeals in Bank v. Wetmore, 124 N. Y. 241, 26 N. E. 548. In…
2Cases cited14 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Case v. BeauregardSupreme Court of the United States · 1880
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- M'Dermutt v. StrongNew York Court of Chancery · 1820
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