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4 How. Pr. 80

Anonymous

New York Court of Appeals

Decided July 15, 1849

New York Court of Appeals · decided 1849-07-15

—The order appealed from in this case was an order on a re-hearing at general term of the Supreme Court, vacating an order of reference to ascertain the amount of damages occasioned, by a temporary injunction.

Decided 1849-07-15

¶1.The suit was commenced in the Court of Chancery, to rescind a sale of Kidd Salvage Company stock, on-the ground of fraud. The Chancellor held the remedy was at law, and dismissed the bill. After which, the motion was made for «, reference to ascertain the damages occasioned by the injunction.

¶2This court decided that the order appealed from was not an appeal-able order, and dismissed the appeal.

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