Burke v. Burke — 143 N.Y.S. 1108

Majority

p. 1108

BURKE, Respondent, v. BURKE, Appellant

(Supreme Court, Appellate Division, Fourth Department.

October 15, 1913.)

Headnote

Action by John P. Burke against William H. Burke.

Order overruling demurrer and order continuing injunction affirmed, with $10 costs and disbursements, with leave to the defendant to plead over within 20 days, upon payment of the costs in this court and the court below.

ROBSON and LAMBERT, JJ., dissent, upon the ground that this case does not present such exceptional features as to justify the intervention of a court of equity, under the rule laid down in Bomeister v. Forster 154 N. Y. 229 , 48 N. E. 534 , 39 L. R.

Cases cited

Bomeisler v. Forster 154 N. Y. 229 N.Y. 1897-11-23 p. 1108