Read v. . Brayton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 3, 1893, which modified and affirmed as modified an order of Special Term which perpetually restrained the further prosecution of this action. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 3, 1893, which modified and affirmed as modified an order of Special Term which perpetually restrained the further prosecution of this action. The nature of the action and the facts, so far as material, are stated in the opinion. The order made at General Term was on the sole ground that it was in the nature of a contempt to replevy from and 'bring an action against the clerk of the court without leave. No other claim of irregularity in plaintiff’s practice is made. The court erred in…
1Opinion of the Court
Andrews, Ch. J.
The order from which this appeal is taken perpetually enjoined the plaintiff from further prosecuting the action. The action was replevin to recover the possession of two certificates of deposit issued to the plaintiff by the Marine Bank of Buffalo, payable to his order, one in 1881, and one in 1883. The defendant is the clerk of Erie county, and after the commencement of the action, and before the execution by the sheriff of the requisition requiring him to replevy the certificates, further proceedings were stayed on his application until the executors or representatives of…
2Cases cited4 opinions
- Hills v. ParkerMassachusetts Supreme Judicial Court · 1873
- Rose v. CashIndiana Supreme Court · 1877
- Corn Exchange Bk. of Chicago v. . BlyeNew York Court of Appeals · 1886
- Hall v. WhiteMassachusetts Supreme Judicial Court · 1871
3Cited by7 opinions
- Bringley v. C. I. T. CorporationSupreme Court of Florida · 1935
- Cottle v. . Marine BankNew York Court of Appeals · 1901
- Scottsdale Ginning Co. v. LonganArizona Supreme Court · 1922
- Town of Greenburgh v. ShalleckAppellate Division of the Supreme Court of the State of New York · 1936
- Opperman v. Citizens BankIndiana Court of Appeals · 1908
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