Pullen v. Baker

Gould, Associate Justice.

The attorney for plaintiff makes oath that the statements of the petition “are true when made upon his own knowledge, and when made upon information of others he believes them to be true.” It does not appear from the petition that any of its statements are made upon the knowledge of the attorney, or upon information to him from others. We think this affidavit insufficient, and that the injunction was properly dissolved. "

The court, however, on the motion and demurrer of defendant, not only dissolved the injunction, but proceeded to dismiss the petition and render…