Methodist Churches of New York v. . Barker
New York Court of Appeals
Appeal from the Supreme Court. On the 19th January, 1854, one Smith Hicks applied for an injunction restraining five Methodist churches, in the city of New York, from removing the dead bodies interred in a certain cemetery.
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Appeal from the Supreme Court. On the 19th January, 1854, one Smith Hicks applied for an injunction restraining five Methodist churches, in the city of New York, from removing the dead bodies interred in a certain cemetery. An order was thereupon made, ' by Mr. Justice Mitchell, requiring such churches to show cause, nine days thereafter, why an injunction order should not be made restraining them according to the prayer of the complaint, and in the meantime enjoining them according to such prayer. This order stated that an undertaking had then been given in $200, but that on the defendants’…
1Opinion of the CourtComstock, J.
On application for an injunction the court or judge may, instead of granting it unqualifiedly, “make an order requiring cause to be shown, at a specified time and place, why it should not be granted, and the defendant in the action may in the meantime be restrained.” {Code, § 223.) The temporary restraint here mentioned is a part of the injunction relief which the Code provides in the cases specified. All temporary injunctions are now in the form of orders, instead of writs, as formerly; and an order which will expire on the day for showing cause, unless then continued, is to all intents and…
2Cited by34 opinions
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Conner v. . ReevesNew York Court of Appeals · 1886
- Meeker v. StuartDistrict Court, District of Columbia · 1960
- Nolan v. JohnsSupreme Court of Missouri · 1891
- Hayden v. KeithSupreme Court of Minnesota · 1884
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