Gagliardo v. Crippen

This is an appeal from an order granting a preliminary injunction. The application for the order was heard on the complaint, and on an affidavit of the defendant Park in reply thereto.

It is objected that the affidavit is not properly a part of the record, as it is not embodied in a statement. The Practice Act (Sec. 343) dispenses with a statement in cases of appeal from an order made upon affidavits, and provides that the affidavits shall be annexed to the order in the place of the statement. The effect of this provision is to make the affidavits a part of the record, and the only question is…