Town of Fort Edward v. Hudson Valley Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the. plaintiff, the Town of Fort Edward, from" an order of the Supreme Court, made at the Saratoga Special; Term and entered in the office óf the cleric of the. county of "Washington on the 19th day of. October, 1907$ granting the., defendant’s motion to vacate an injunction herein. - -
1Opinion of the Court
Smith, P. J. :
The granting of this injunction ex parte was not in my judgment .a violation of section 1809 of the Code ;pf Civil Procedure, By that section it is required that an injunction shall not. be granted ex parte which operates to suspend “ the general and ordinary business óf a corporation.” The. Code provision is not clear. ' It is. difficult to tell what, is the general as distinguished- from the .Ordinary business of the corporation.- We are required in the interpretation of á statute to give full effect to every word used, and the only interpretation that can satisfy this rule is…
2Cases cited1 opinion
- Howlett v. N. Y., West Shore, &c. Railway Co.New York Supreme Court · 1882
3Cited by3 opinions
- In re the Estate HerleNew York Surrogate's Court · 1937
- Kimbley v. AdairIdaho Supreme Court · 1920
- United Democratic Regular Organization of the Sixteenth Assembly District v. LewisNew York Supreme Court · 1959