Vandervoort v. Trustees of Astoria

Saratoga Chancery Court

Vandervoort v. Trustees of Astoria

1 Sarat. Ch. Sent. 50, 1841 N.Y. LEXIS 304

DecidedJuly 20, 1841

StatusPublished

This text of 1 Sarat. Ch. Sent. 50 (Vandervoort v. Trustees of Astoria) is published on Counsel Stack Legal Research, covering Saratoga Chancery Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vandervoort v. Trustees of Astoria, 1 Sarat. Ch. Sent. 50, 1841 N.Y. LEXIS 304 (N.Y. Super. Ct. 1841).

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Opinion

In this case the chancellor decided that injunctions to stay public improvements should not be granted ex parte by injunction masters, out of court, where there is no immediate danger of irreparable damage being done before the defendant can have an opportunity to be heard. That the master in all such cases, instead of granting the injunction, in the first instance, should direct the entry of an order to show cause before the court why an injunction should not he granted. Injunction dissolved, with costs to the defendants, without reference to the denial of any matters of the bill by the answer.

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In this case the chancellor decided that injunctions to stay public improvements should not be granted ex parte by injunction masters, out of court, where there is no immediate danger of irreparable damage being done before the defendant can have an opportunity to be heard. That the master in all such cases, instead of granting the injunction, in the first instance, should direct the entry of an order to show cause before the court why an injunction should not he granted. Injunction dissolved, with costs to the defendants, without reference to the denial of any matters of the bill by the answer.

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Bluebook (online)

1 Sarat. Ch. Sent. 50, 1841 N.Y. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vandervoort-v-trustees-of-astoria-nychanctsara-1841.