Minor v. Buckingham

The defendants move to dissolve an injunction: the injunction was granted solely upon the complaint: the defendants have filed their answer, and now move to dissolve the injunction.

If the motion was made solely upon the complaint and answer verified in the usual manner, the plaintiff could not read affidavits in opposition to the motion. This was expressly held by the general term of this district, in Blatchford a. The New York & New Haven Railroad Company (7 Abbotts’ Pr. R., 322), and in that decision I concurred.

In this case, however, the answers set up new matter as a defence, and the…