General

Hubbard Foster et al., Respondents, v. The City of Buffalo, Appellant

92 N.Y. 629·New York Court of Appeals·1883·NY

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Opinion

Hubbard Foster et al., Respondents, v. The City of Buffalo, Appellant. (Argued March 20, 1883; decided March 30, 1883.) This was an appeal from an order of General Term, affirming an order of Special Term granting a preliminary injunction. ■ Held, that the order was'in the discretion of the court below and so not appealable. The court cited Van Dewater v. Kelsey (1N. T. 533); Paul v. Mumger (47 N. T. 469); People v. Sehoonmaker (50 id. 499); Young v. Campbell (75 id. 525). Giles K. Stillwell for appellant. E. J. Plumley for respondents, [MAJORITY — Danfobth, J.,] Danfobth, J., reads for dismissal of appeal. All concur. Appeal dismissed.