General
Dexter Sulphite Pulp and Paper Company, Plaintiff, v. William Randolph Hearst and Others, Defendants
205 A.D. 863·New York Supreme Court, Appellate Division·1923·NY
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Opinion
Dexter Sulphite Pulp and Paper Company, Plaintiff, v. William Randolph Hearst and Others, Defendants.
Injunctions — power of Appellate Division to entertain motion to vacate — when temporary order improperly granted.
Motion to vacate temporary injunction granted, without prejudice to the motions now pending.
[MAJORITY — Per Curiam:]
Per Curiam:
Under the unusual and peculiar circumstances disclosed by the record in this ease, we think that this court should exercise the jurisdiction which it undoubtedly possesses to entertain the motion to vacate the temporary injunction granted herein. (Matter of Barkley, 42 App. Div. 597; Matter of Mitchel v. Cropsey, 177 id. 663.) The temporary injunction was improperly granted (Rules of Civil Practice, rule 155), and the samé is vacated, without prejudice to the motions now pending. All concur.