Jackson v. City of Rochester — 124 N.Y. 625

Majority

p. 625

Micajah W. Jackson, Respondent, v. The City of Rochester, Appellant.

(Argued December 5, 1890;

decided January 14, 1891.)

Headnote

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 19, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

Henry J. Sullivan for appellant.

George A. Benton for respondent.

Agree to affirm, but without prejudice to an application by the defendant to the Supreme Court for such other stay of the issuing of the injunction awarded by it as may, under the circumstances of the case, seem to that court proper; no opinion.

All concur, except Bkadley and Haight, JJ., not sitting.

Judgment affirmed.