Blatchpord v. New York & New Haven Railroad

By the Court.—Davies, P. J.

—We all agree that the order of special term appealed from should be reversed, for the reasons given by the judge below.

A question was raised on the argument, whether, on a motion to dissolve an injunction made by the defendant upon his answer, the plaintiff can read affidavits in opposition. We think the true construction of sections 225 and 226 of the Code is, that when the defendant moves alone on his answer to dissolve an injunction, the plaintiff can read no affidavits in opposition to the motion; but if the defendant uses affidavits to move for a dissolution…