McDonald v. James
The Superior Court of New York City
Memoir to confirm the report oí a referee to whom it was referred to ascertain damages. The plaintiff alleged that he was the owner in fee of certain premises in possession of his tenants.
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Memoir to confirm the report oí a referee to whom it was referred to ascertain damages. The plaintiff alleged that he was the owner in fee of certain premises in possession of his tenants. That the defendants, claiming to be the owners of the same premises, had instituted a proceeding, before one of the civil justices of the city, for a warrant to remove such tenants from said premises, alleging them to be the tenants of said defendants. - Upon these facts the plaintiff procured a temporary injunction, restraining the further prosecution of such proceeding, with an order to show cause,…
1Opinion of the CourtMonell, C. J.
It distinctly appears that no attempt or effort was made by the defendants to obtain a vacation of the injunction until the trial of the cause.
The injunction contained an order requiring the defendants to show cause, six days thereafter, why it should not be continued during the pendency of the action. ETo cause was shown, and the injunction was continued by the order of the court.
The undertaking was required upon an ex pcvrte application for the injunction, and covered such damages as the defendants might sustain, until they could, in the usual course and practice of the court, move to have…
2Cases cited1 opinion
- McKeon v. WhitneyCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by1 opinion
- Edmison v. Sioux Falls Water Co.South Dakota Supreme Court · 1898