Neale v. Osborne
New York Supreme Court
Attachment for disobedience of an injunction. The defendant and one Josiah W. Bissell had purchased a certain building in Rochester, the basement of which was used and occupied for stores, and the upper part for a church.
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Attachment for disobedience of an injunction. The defendant and one Josiah W. Bissell had purchased a certain building in Rochester, the basement of which was used and occupied for stores, and the upper part for a church. The building was sold to be removed from the ground for the purpose of replacing it with new buildings.' The relator had a lease of one of the stores in the building, which was unexpired, arid commenced a suit and obtained an injunction restraining the defendant Osborne from tearing down the building, arid not making Bissell a party to the suit. The injunction being…
1Opinion of the Court
E. Darwin Smith, Justice.
It is quite apparent that the injunction in this action has proved entirely abortive. Whether *82its complete evasion has been accomplished without involving any responsibility on the part of the defendant, is practically the only real question presented upon the papers before the court. The plaintiff being in possession of a store in the basement of the Methodist Church building, upon a complaint, with an affidavit annexed, showing that the defendant threatened to tear down such building, and had actually commenced such work of demolition, obtained an injunction from…
2Cited by3 opinions
- State v. LaveryOregon Supreme Court · 1897
- Smith v. New York Consolidated Stage Co.New York Court of Common Pleas · 1864
- Schieffelin v. HylanNew York Supreme Court · 1919