Waddell v. Bruen

New York Court of Chancery

Waddell v. Bruen

4 Edw. Ch. 671

CourtNew York Court of Chancery

DecidedJanuary 28, 1846

StatusPublished

Cited by2 cases

This text of 4 Edw. Ch. 671 (Waddell v. Bruen) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Waddell v. Bruen, 4 Edw. Ch. 671 (N.Y. 1846).

Pincite

Opinion

The Vice-Chancellor :

The bill, on its face, shows a clear case enough for equitable relief. But the material allegations are only on the complainant’s information and belief. They are not such allegations, therefore, as entitle the complainants to a preliminary injunction. Nor is such an injunction essential in order to secure the complainants in theix rights. The filing of a lis pendens will answer all the purposes of the injunction granted in limine : Osborn v. Taylor, 5 Paige’s C. R. 515.

Injunction dissolved. Costs may abide the event.

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The Vice-Chancellor :

The bill, on its face, shows a clear case enough for equitable relief. But the material allegations are only on the complainant’s information and belief. They are not such allegations, therefore, as entitle the complainants to a preliminary injunction. Nor is such an injunction essential in order to secure the complainants in theix rights. The filing of a lis pendens will answer all the purposes of the injunction granted in limine : Osborn v. Taylor, 5 Paige’s C. R. 515.

Injunction dissolved. Costs may abide the event.

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Bluebook (online)

4 Edw. Ch. 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waddell-v-bruen-nychanct-1846.

Opinion

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