Aldinger v. Pugh
New York Supreme Court
Appeal from special term, Oneida county. Action by Rozellen Aldinger against Emery S. Pngh. Defendant and Stephen J. Pugh appeal from an order adjudging them guilty of contempt, and inflicting punishment therefor.
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Appeal from special term, Oneida county. Action by Rozellen Aldinger against Emery S. Pngh. Defendant and Stephen J. Pugh appeal from an order adjudging them guilty of contempt, and inflicting punishment therefor. On the 7th day of December, 1888, an injunction was granted by the special surrogate of Oneida county in an action in the supreme court, in which Rozellen Aldinger was plaintiff and Emery S. Pugh was defendant, by which the defendant, his agents, assistants, and assignees, were enjoined from selling, disposing of, or drawing away any of the hay on a certain farm owned by the…
1Opinion of the CourtMartin, J.
As no motion was made to set aside or vacate the injunction order granted herein, the appellants are not in a position to review that order on this appeal. Their remedy was by an application under article 3, tit. 2, c. 7, of the Code of Civil Procedure, and not by appeal. Id. § 772. An appeal from an order granting a provisional remedy can only be taken when made upon notice, Id. § 1347. Ho appeal lies from an order granted ex-parte. People v. Common Council, 30 Hun, 636; In re Johnson, 27 Hun, 538. We And no ground for disturbing the order of reference. The Code-of Civil Procedure provides…
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