Legal Opinion

American Grocer Publishing Ass'n v. Grocer Publishing Co.

New York Supreme Court

Decided June 15, 1876PublishedCited by 2 opinions

1Opinion of the CourtLawrence, J.

— The answer and the affidavits read on the part of the defendants on the motion to continue the injunction herein,' pendente Ute, deny in very "positive terms the allegations in the complaint, and in the moving affidavits on which the injunction was granted and on which its continuance is asked for. The rule undoubtedly is, that where the *403whole equity of a complaint is denied, the injunction ought not to be continued pendente Ute (Finnegan agt. Lee, 18 How. P. R., 186, 187; Leen agt. Need, 7 Rob., 67; Blatchford agt. N. Y. and N. H. R. R., 7 Abb., 322). Any evasion in not responding to the…

2Cases cited2 opinions

  1. Bruce v. President of the Delaware & Hudson Canal Co.New York Supreme Court · 1853
  2. Secor v. WeedThe Superior Court of New York City · 1868

3Cited by2 opinions

  1. Frohman v. MillerThe Superior Court of the City of New York and Buffalo · 1894
  2. Underhill v. SchenckNew York Supreme Court · 1921

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API