Washington Lighting Co. v. Dimmick

Appellate Division of the Supreme Court of New York

Washington Lighting Co. v. Dimmick

58 N.Y.S. 682

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 9, 1899

StatusPublished

This text of 58 N.Y.S. 682 (Washington Lighting Co. v. Dimmick) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Washington Lighting Co. v. Dimmick, 58 N.Y.S. 682 (N.Y. Ct. App. 1899).

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Opinion

IN GRAHAM, J.

We think the court below was right in denying this motion upon the ground stated in the opinion of the learned judge who heard the application. It is sought in this action to determine the validity of an election for president and treasurer of the corporation in place of the defendants, who, prior to this- alleged electian, had filled those offices, which election, it is claimed, removed the defendants from their respective offices. The title to the office of president and treasurer of the corporation being in dispute, it is sought by a temporary injunction to determine that question; and, where the question is not free from doubt, even if the court upon the trial of this action would grant the plaintiff any relief, it would have been improper, upon a motion of this kind, to oust the defendants by a temporary injunction from the offices which they claimed to hold.

The order appealed from was right, and should be affirmed, with $10 costs and disbursements. All concur.

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IN GRAHAM, J.

We think the court below was right in denying this motion upon the ground stated in the opinion of the learned judge who heard the application. It is sought in this action to determine the validity of an election for president and treasurer of the corporation in place of the defendants, who, prior to this- alleged electian, had filled those offices, which election, it is claimed, removed the defendants from their respective offices. The title to the office of president and treasurer of the corporation being in dispute, it is sought by a temporary injunction to determine that question; and, where the question is not free from doubt, even if the court upon the trial of this action would grant the plaintiff any relief, it would have been improper, upon a motion of this kind, to oust the defendants by a temporary injunction from the offices which they claimed to hold.

The order appealed from was right, and should be affirmed, with $10 costs and disbursements. All concur.

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Bluebook (online)

58 N.Y.S. 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-lighting-co-v-dimmick-nyappdiv-1899.