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Charles Amusement Co. v. Eckensperger

106 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1907-10-16 English

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p. 1120
CHARLES AMUSEMENT CO., Respondent, v. ECKENSPERGER, Sheriff, et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
October 16, 1907.)

Headnote

Action by the Charles Amusement Company against Thomas Eckensperger, as sheriff, etc., and others.

Order affirmed, with $10 costs and disbursements. Held that, it appearing by statements of counsel made in open court that the plaintiff has ceased to carry on the business which the sheriff was restrained from interfering with, and that the parties have entered upon the trial of the issues, and that the action may be determined upon the merits before the commencement of the next season, the questions of law involved should not be determined upon this motion, but on an appeal from the judgment.