Johnston v. Garside

New York Supreme Court

Johnston v. Garside

24 N.Y.S. 243, 70 Hun 599, 77 N.Y. Sup. Ct. 599, 53 N.Y. St. Rep. 740

DecidedJuly 8, 1893

StatusPublished

This text of 24 N.Y.S. 243 (Johnston v. Garside) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnston v. Garside, 24 N.Y.S. 243, 70 Hun 599, 77 N.Y. Sup. Ct. 599, 53 N.Y. St. Rep. 740 (N.Y. Super. Ct. 1893).

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Opinion

PER CURIAM.

The action, was an equitable one, and upon that ground, as well as the change in the law, by which the parties were legislated out of office before the trial of the action, the court at special term could allow a discontinuance without costs. The application was addressed to the discretion of the court below, and we are of the opinion that no such an abuse of discretion, or misapprehension of the facts, or of the rights of the parties, appears in the case, as would justify a reversal of the .order. Crosby v. Fitzpatrick, 23 N. Y. Wkly. Dig. 35; Morss v. Hasbrouck, 13 N. Y. Wkly. Dig. 393; Byron v. Durrie, 6 Abb. N. C. 135; Smith v. Banker, 3 How. Pr. 142.

The order should be affirmed, with costs and disbursements.

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PER CURIAM.

The action, was an equitable one, and upon that ground, as well as the change in the law, by which the parties were legislated out of office before the trial of the action, the court at special term could allow a discontinuance without costs. The application was addressed to the discretion of the court below, and we are of the opinion that no such an abuse of discretion, or misapprehension of the facts, or of the rights of the parties, appears in the case, as would justify a reversal of the .order. Crosby v. Fitzpatrick, 23 N. Y. Wkly. Dig. 35; Morss v. Hasbrouck, 13 N. Y. Wkly. Dig. 393; Byron v. Durrie, 6 Abb. N. C. 135; Smith v. Banker, 3 How. Pr. 142.

The order should be affirmed, with costs and disbursements.

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Bluebook (online)

24 N.Y.S. 243, 70 Hun 599, 77 N.Y. Sup. Ct. 599, 53 N.Y. St. Rep. 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-garside-nysupct-1893.

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