Blakeslee v. International Motor Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George E. Blakeslee, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21st day of November, 1913.
1Per curiam
This appeal is from an order of the Special Term that denies a motion for an injunction pendente lite. The appellant made a preliminary motion in this court for dismissal of this appeal upon the ground that a demurrer interposed to the complaint had been sustained, that thereupon the plaintiff had pleaded over, but that the original complaint was the only complaint upon which the motion for the said injunction was made. It is familiar law that the first complaint was superseded by the amended complaint. The right to the injunctive relief asked for in this case must appear by the complaint,…
2Cases cited1 opinion
- Goldman v. CornAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- Gibbons v. HoffmanNew York Supreme Court · 1952
- N. & R. Theaters, Inc. v. BassonNew York Supreme Court · 1925
- Blakeslee v. International Motor Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Ettlinger v. TrewNew York Supreme Court · 1940