Roome v. Webb
New York Supreme Court
This was a motion to dissolve an injunction. Several questions of practice were discussed which are decided in the opinion of the court.
1Opinion of the Court
Parker, Justice.
Under the Code of Procedure a complaint verified as required by § 133, is amere pleading, and not a sufficient foundation for the allowance of an injunction. An order for injunction can not be made except on the affidavit of the Plaintiff or of some other person.— (§ 193.) It is not necessary, however, that the Plaintiff should make a separate affidavit, repeating over all the statements of the complaint. An affidavit can be annexed in such form as to verify positively the allegations of the complaint. An injunction could never be allowed under the former practice, nor can it…
2Cited by7 opinions
- State v. McGaheyNorth Dakota Supreme Court · 1904
- State ex rel. Register v. PattersonNorth Dakota Supreme Court · 1904
- Bertha Zinc & Mineral Co. v. CluteNew York Court of Common Pleas · 1894
- Krom v. HoganNew York Supreme Court · 1850
- Joslyn v. Pacific Mail Steamship Co.New York Court of Common Pleas · 1872
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