Johnson v. . Elwood
New York Court of Appeals
Appeal from, order of the General Term of the Supreme Court in.the third judicial department, affirming an order of Special Term, which granted a reference to ascertain the damages sustained by defendant by reason of a temporary injunction granted herein.
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Appeal from, order of the General Term of the Supreme Court in.the third judicial department, affirming an order of Special Term, which granted a reference to ascertain the damages sustained by defendant by reason of a temporary injunction granted herein. (Reported below, 15 Hun, 14.) This action was" brought to restrain ■ the defendant from entering upon certain land to which plaintiff claimed title, and from cutting timber, or from otherwise injuring or intermeddling therewith. The provisions of the injunction order and the facts are set forth substantially in the opinion. This action…
1Opinion of the CourtMiller, J.
This appeal arises upon an order affirming an order, made on motion of the administratrix of the original defendant, granting a reference to ascertain the damages sustained by reason of an injunction granted restraining such defendant, who is deceased, from entering upon certain lots of land in the county of Delaware, and from cutting down timber or otherwise injuring said lots, or intermeddling with the same. The injunction was dissolved by stipulation upon the termination of another suit involving the title to the premises, and after this, and in 1875, the defendant died. In 1877 an order…
2Cases cited2 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Musgrave v. . SherwoodNew York Court of Appeals · 1879
3Cited by22 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Supreme Court of Independent Order of Foresters of Canada v. Supreme Court of the United Order of ForestersWisconsin Supreme Court · 1896
- St. Joseph & Elkhart Power Co. v. GrahamIndiana Supreme Court · 1905
- Brown v. ComPanyAppellate Division of the Supreme Court of the State of New York · 1907
- Manning v. CassidyNew York Supreme Court · 1894
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