New York Court of Appeals

Joseph W. Savage, Appellant v. Josephine Allen, Respondent

September 5, 187354 N.Y. 458

Summary

The New York Court of Appeals affirmed the lower court's dismissal of the plaintiff's injunction suit. It held that an injunction cannot be used to restrain another suit when the plaintiff could have raised a defence in that suit, and that the plaintiff was estopped from asserting title by prior partition decrees and judgments.