Jenkins v. Marsh

On an ex parte application made by the plaintiff before service of the answers of the defendants an order of temporary injunction was granted restraining the use of a certain driveway over property of the defendant Marsh except as an approach to a specified parcel of land. The defendants Marsh and Kennedy thereafter moved at Special Term upon affidavits to vacate the injunction, so far as it applied to them. This motion was denied by an order of the Special Term, which expressly stated that such denial was as a matter of law and not as a matter of discretion.

Ordinarily, the granting of a…