Guggenheim v. . Wahl
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The power of a court of equity to restrain the prosecution of the defendant’s suit in Illinois is undoubted.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The power of a court of equity to restrain the prosecution of the defendant’s suit in Illinois is undoubted. (Cole v. Cunningham, 133 U. S. 107; Hayes v. Ward, 4 Johns. Ch. 123; Ward v. Arredondo, Hopk. Ch. 243; Mitchell v. Bunch, 2 Paige, 606; N. Y. & N. H. R.…
1Opinion of the CourtGray, J.
The complaint of the plaintiff in this action prays for a judgment^ which shall restrain the defendant from prosecuting an action, or proceeding, in the Circuit Court of Cook county, in the state of Illinois, against William Guggenheim, this plaintiff’s husband; which action, or proceeding, has for its object the review, impeachment and annulment of a judgment, theretofore rendered by that court at the suit of this defendant against said William Guggenheim, at that time her husband, dissolving their marriage. At the trial, the complaint was dismissed upon the pleadings and the judgment…
2Cases cited3 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- Mead v. Merritt & PeckNew York Court of Chancery · 1831
3Cited by35 opinions
- Glaser v. GlaserNew York Court of Appeals · 1938
- Chapman v. ChapmanMassachusetts Supreme Judicial Court · 1916
- Hoyt v. HoytAppellate Division of the Supreme Court of the State of New York · 1942
- Tiedemann v. TiedemannAppellate Division of the Supreme Court of the State of New York · 1916
- McNeir v. McNeirSupreme Court of Virginia · 1941
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