Eddy Stoker Corp. v. Jaffe

This is an appeal from a mandatory preliminary injunction issued without bond in favor of the defendant in a replevin action, requiring plaintiff to return to defendant the property replevied by the bailiff, without requiring defendant to post any forthcoming bond. The injunction was issued notwithstanding the pendency of a petition for a change of venue previously filed by the plaintiff, praying that the cause be tried by some judge other than the one who entered the injunctional order.

Plaintiff’s theory is that (1) the lower court improperly granted the defendant a mandatory preliminary…