Clark Paper & Manufacturing Co. v. Stenacker

This is a motion ex parte to vacate an injunction pendente lite. The action is brought to secure an injunction restraining the defendant from violating a contract of employment made with the plaintiff. A temporary injunction ex parte was granted upon the summons and complaint (Code Civ. Pro. § 603) and the motion to vacate the injunction must be decided, therefore, upon the sufficiency of the complaint alone. An injunction may accompany a summons and become operative upon its service. People ex rel. Cauffman v. Van Buren, 136 N. Y. 252. The purpose of an injunction pendente lite is to prevent…