Olssen v. Smith
New York Supreme Court
On return of order to show cause why injunction should not issue. Complaint is sworn to on the 24th of January; summons dated on the same day; affidavit on which order to show cause, is dated same day, 24 th January.
1Opinion of the Court
Morris, Justice.
The complaint does not aver that defendant threatened “ he would put his property out of his hands, if plaintiff resorted to legal means to collect his claim.” Neither is there a prayer in the complaint for an injunction.
The affidavit of the plaintiff upon which notice to show cause has issued, states:
“ Deponent further says, that defendant has threatened, and still threatens to dispose of his property in case this deponent has recourse to legal measures to compel said defendant to pay deponent’s just and lawful claim against him; and deponent verily believes that unless an…
2Cited by3 opinions
- Forman v. HealeyNorth Dakota Supreme Court · 1903
- Ellis v. EllisNew York Supreme Court · 1907
- Ilse Modes Inc. v. Ilsa Originals Ltd.New York Supreme Court · 1962