Leffingwell v. Chave
The Superior Court of New York City
Upon the summons and complaint in this action, with the usual affidavit of verification, and upon an undertaking executed by two persons, neither of whom is the plaintiff, an injunction order was granted by a justice of this court before the summons had been served on the defendants, and the injunction order was served with the summons and complaint upon each of the defendants.
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Upon the summons and complaint in this action, with the usual affidavit of verification, and upon an undertaking executed by two persons, neither of whom is the plaintiff, an injunction order was granted by a justice of this court before the summons had been served on the defendants, and the injunction order was served with the summons and complaint upon each of the defendants. The summons and complaint upon which the injunction order was granted had not been filed when the notice of motion was served. The defendants move to vacate the order of injunction, or dissolve the injunction, or set…
1Opinion of the Court
Woodruff, Justice.
The objection that the affidavits upon which the injunction was granted were not served, is not insisted upon. The plaintiff ’a affidavit shows that *56no other affidavit than the complaint, duly verified, was presented to the justice for the purpose of obtaining an injunction. This is sufficient for that purpose. By the plain terms of section 219, a temporary injunction may be granted, when it “ appears by the complaint ” that a case exists in the plaintiff’s favor, entitling him to have the defendant restrained. Whether under the language of section 220, requiring that “ a…
2Cited by4 opinions
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- Leavitt v. DabneyThe Superior Court of New York City · 1870
- L. A. Shakman & Co. v. KochWisconsin Supreme Court · 1896
- National Exchange Bank v. StellingSupreme Court of South Carolina · 1889