Young v. Grundy

Decision Date01 February 1810
Citation10 U.S. 51,6 Cranch 51,3 L.Ed. 149
PartiesYOUNG v. GRUNDY
CourtU.S. Supreme Court

THIS was an appeal from an interlocutory decree of the circuit court of the district of Columbia, dissolving an injunction.

E. J. Lee, for the appellant.

The decree dissolves the injunction with costs; which is a final decree as to the costs. 2 Wash. 200. Davenport v. Mason.

The material facts of the bill are not denied nor admitted by the answer; they are, therefore, to be taken as true. The court below must, therefore, have proceeded on the ground that the original equity between the maker and payee of the note did affect the endorsee.

MARSHALL, Ch. J.

If the answer neither admits nor denies the allegations of the bill, they must be proved upon the final hearing. Upon a question of dissolution of an injunction they are to be taken to be true.

But the court has no doubt upon the question.

No appeal or writ of error will lie to an interlocutory decree dissolving an injunction.

Writ of error dismissed with costs.

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6 cases
  • Baltimore Contractors v. Bodinger
    • United States
    • U.S. Supreme Court
    • 10 January 1955
    ...Appeal, 41 Yale L.J. 539, 540—548, 551. Section 22 was rigorously enforced. Rutherford v. Fisher, 4 Dall. 21, 1 L.Ed. 724; Young v. Grundy, 6 Cranch 51, 3 L.Ed. 149. Fragmentary appeals were denounced. Canter v. American Ins. Co., 3 Pet. 307, 318, 7 L.Ed. 688; United States v. Bailey, 9 Pet......
  • Cohn v. Lehman
    • United States
    • Missouri Supreme Court
    • 19 December 1887
    ...as to plaintiff, long before the final decree or appeal. There was no appeal possible from this order dissolving the injunction. Young v. Grundy, 6 Cranch, 51; Thomas Wooldridge, 23 Wall. 283. The cause of action accrued upon this order, and the statute of limitations began to run. Anderson......
  • State v. Rosenblatt
    • United States
    • Missouri Supreme Court
    • 13 December 1904
    ... ... motion in arrest of judgment, a writ of error will be ... dismissed. Williams v. Jones, 69 Ga. 757; Young ... v. Grundy, 6 Cranch 51; Winn v. Jackson, 12 ... Wheat. 135; Montgomery v. Anderson, 21 How. 386; ... Martin v. Crow, 28 Tex. 614. (2) There ... ...
  • Sebastian Hiriart, Plaintiff In Error v. Jean Gassies Ballon
    • United States
    • U.S. Supreme Court
    • 1 January 1835
    ...other; but the dispute now is merely as to the remedy sought to enforce a right already determined by both courts. 'In the case of Young v. Grundy, 6 Cranch 51, it is said, 'an appeal does not lie from an interlocutory decree dissolving an injunction.' And in Gibbons v. Ogden, 6 Wheaton 448......
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