Sanders v. Ader
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Ellwood Sanders, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk.of the county of New York on the 31st day of January, 1898, denying his motion for an injunction pendente lite.
1Opinion of the Court
Per Curiam :
The injunction herd is asked for under the authority of section 603, where the right to an injunction depends upon the nature of the action. In that case the facts must appear from the complaint and no facts can be considered except such as are set out in the complaint, and facts alleged in an affidavit are not material and cannot be considered unless they áre alleged in the complaint. (Stull v. Westfall, 25 Hun, 1.)
Unless a cause of action is set out in the complaint and an injunction is demanded as a part of the relief sought, an injunction cannot be granted. (McHenry v. Jewett,…
2Cases cited1 opinion
- McHenry v. . JewettNew York Court of Appeals · 1882
3Cited by5 opinions
- Huntington v. Cortland Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Woodburn v. HyattAppellate Division of the Supreme Court of the State of New York · 1898
- Jacobs v. Mexican Sugar Refining Co.New York Supreme Court · 1904
- Ragsdale v. GreenNew York Supreme Court · 1898
- Woodburn v. HyattAppellate Division of the Supreme Court of the State of New York · 1898