Hinman v. Clarke

92 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1905-03-08 English

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p. 1128

HINMAN, Respondent, v. CLARKE et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

March 8, 1905.)

Headnote

Action by Elmer L. Hinman against Frederick O. Clarke and others, as commissioners of works, etc., and the city of Oswego.

Order affirmed, with $10 costs and disbursements. Held that, without passing upon the merits, the injunction, granted as a matter of discretion, should not be vacated pending the trial of the action.