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Rogers v. Vosburgh

Rogers against Vosburgh

Rogers v. Vosburgh, 4 Johns. Ch. 84 (1819)
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Court
New York Court of Chancery · State Highest Courts
Decided
August 5, 1819
Citations
4 Johns. Ch. 841819 N.Y. LEXIS 1741819 N.Y. Misc. LEXIS 26
Cited by 9
Headnotes
Where the plaintiff has brought a suit át law, and obtained a judgment,, and, at the same titae, filed his bill against the defendant, in this Court, for the same matter, the Court, on the coming in of the answer, will put him to his election, either to proceed at law, under the judgment, or in the suit brought in this Court; and if he elects to proceed at law, the bill will be dismissed with costs; but if he elects to proceed in this Court, he will be enjoined from taking any step under the judgment, without the leave of this Court.
Summary
ON the coming in of the answer, J. Radcliff, for the defendant, moved to dissolve the injunction heretofore issued in this cause, restraining' the defendant from further inter-meddling with the concerns of a periodical publication, entitled, “ The JYew-York City-Hall Recorderand he also further moved, to restrain the plaintiff from proceeding at íaw on the judgment entered up in the Supreme Court, mentioned in the pleadings as being taken as liquidated damages, for the same matter now in controversy, and by way of collateral security.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The following order, putting the party to his election, was entered:

“ Ordered, that the motion for dissolving the injunction be denied, and that the plaintiff, within eight days after notice of this decretal order, elect whether he will proceed at law under the said judgment, or in this Court, in this suit; and that if he elects to proceed at law, the bill shall thereafter stand dismissed with costs; and if he elects to proceed here, it is then further ordered, that he proceed no further *85 by execution, or otherwise, on the judgment) withotit the leave of this Court first had and obtained,” &c. (a)

Vide 1 Ves. & Beam. 382,3. 7 Taunt. 236. the like rule in such cases.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

View all citing references →
1844–1845: 21848–1849: 11872–1873: 11876–1877: 11880–1881: 11884–1885: 11900–1901: 11902–1903: 118442026peak 1844 · 2

Relies on it most ⓘ

  1. Fleming v. Courtenay49 A. 614 (Me. 1901)
  2. Bradford v. Williams2 Md. Ch. 1 (1849)
  3. Connihan v. Thompson111 Mass. 270 (1873)
  4. Planters & Merchants' Bank of Mobile v. Walker7 Ala. 926 (1845)
  5. Blanchard v. Stone16 Vt. 234 (1844)
  6. Slaughter v. La Compagnie Francaises Des Cables Telegraphiques119 F. 588 (2d Cir. 1902)

Most recent

  1. Slaughter v. La Compagnie Francaises Des Cables Telegraphiques119 F. 588 (2d Cir. 1902)
  2. Fleming v. Courtenay49 A. 614 (Me. 1901)
  3. Jenks v. Smith14 R.I. 634 (1885)
  4. Central Railroad v. N. J. West Line Railroad32 N.J. Eq. 67 (1880)
  5. Franklin v. Hersch3 Tenn. Ch. R. 467 (1877)
  6. Connihan v. Thompson111 Mass. 270 (1873)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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