Terry v. Green

This motion is made upon the plaintiff’s papers to vacate an injunction order granted herein; the ground of the motion is the infirmity of the affidavit upon which the order was granted. The following defects or irregularities appear:

The application for the injunction was made ex parte on an affidavit which failed to state whether any previous application had been made for such injunction. There is no venue in the affidavit. The affidavit was not made by the plaintiff, and no excuse for his failure to make the same was shown. • The injunction order does not mention the summons and complaint…