Randall v. Carpenter , 29 N.Y. Sup. Ct. 571 ( 1880 )


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  • Per Cdriam:

    The defendants mistook their remedy. The ■ insolvency of one of the sureties upon the injunction undertaking, was no ground for staying plaintiff’s proceedings generally. The temporary injunction could have been dissolved, unless a new and sufficient surety were supplied. But that was all. The action was not dependent upon the provisional remedy. The granting or withholding of the latter was a matter of discretion. But the prosecution by the plaintiff of his action was a matter of right.

    The order should have directed that the injunction be dissolved, unless the plaintiff file a new undertaking as directed in the present order, within a specified period. A modification to that effect may now be made, and the order is so modified without costs of the motion, or of this appeal.

    Present — Davis, P. J., Brady and Barrett, JJ.

    Order modified as directed in opinion, without costs of the motion, or of the appeal.

Document Info

Citation Numbers: 29 N.Y. Sup. Ct. 571

Judges: Barrett, Brady, Cdriam, Davis

Filed Date: 11/15/1880

Precedential Status: Precedential

Modified Date: 2/4/2022