McCall v. Beck

This is a motion to vacate a stay which had been granted ex parte in connection with an order to show cause upon an application for an injunction pendente lite. We do not believe that, in a matter of this character, a stay should have been granted ex parte. There was no showing that immediate and irreparable injury, loss or damage would have resulted if notice of a day or two had been given to the adverse parties. (Civ. Prae. Act., § 882.) *839We therefore grant the motion and we vacate the provisions of the order to show cause herein dated May 12, 1954, reading as follows: “Ordered, that pending…