Legal Opinion

Manley v. Leggett

New York Supreme Court

Decided December 31, 1891PublishedCited by 4 opinions

Appeal from special term, New York county. Action by Mary A. Manley against Francis H. Leggett, Albert H. Jones, and Lewis Wallace for an injunction to restrain defendants from occupying the sidewalks in front of their premises with trucks, wagons, vehicles, or other like obstructions, and from unreasonably or unnecessarily obstructing the sidewalks by any plank-way, skid, or bridge, and from occupying the roadway in front of plaintiff’s premises, or permitting the same to…

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Appeal from special term, New York county. Action by Mary A. Manley against Francis H. Leggett, Albert H. Jones, and Lewis Wallace for an injunction to restrain defendants from occupying the sidewalks in front of their premises with trucks, wagons, vehicles, or other like obstructions, and from unreasonably or unnecessarily obstructing the sidewalks by any plank-way, skid, or bridge, and from occupying the roadway in front of plaintiff’s premises, or permitting the same to be occupied by trucks, wagons, or other vehicles. From an order granting a temporary injunction as prayed, defendants…

1Opinion of the CourtBarrett, J.

No point was made upon the argument qf this appeal as to the propriety of the injunction, so far as it restrains the unlawful use of the sidewalk in front of the defendants’ premises. The appellants’ argument was confined to criticism of that part of the injunction which restrains the defendants from occupying the road-way in front of the plaintiff’s premises. We think the appellants’ contention on this head is well founded, and that the injunction with regard to the road-way should be modified. The plaintiff has in this particular failed to make out a case for an injunction pendente lite,…

2Cases cited1 opinion

  1. Callanan v. . GilmanNew York Court of Appeals · 1887

3Cited by4 opinions

  1. Howley v. PressAppellate Division of the Supreme Court of the State of New York · 1908
  2. People's Bank of East Orange v. FancherNew York Supreme Court · 1892
  3. Knudsen v. FriederyNew York Supreme Court · 1899
  4. Minett v. MurdockNew York Supreme Court · 1959

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