New York Supreme Court November 15, 1862 (Cumberland Coal & Iron Co. v. Hoffman Coal Co.)

lead-opinion

By the Court.—Ingraham, P. J.

The want of jurisdiction of the court over the subject-matter of the action, did not pre*81vent the defendants from recovering costs on the dismissal of the complaint, nor does it deprive the defendants of the right to damages, on the undertaking given on the issuing of the injunction when it was dissolved.