Leiter v. Bande

This appeal is from an interlocutory order of injunction granted by the Circuit Court without notice.

The affidavit upon which the injunction order was issued was (omitting the immaterial parts thereof) as to this question of notice, as follows :

“Affiants Frank W. Baude and Thomas J. Hanlon further aver that the rights of your orators will be unduly prejudiced if the injunction herein prayed for is not issued immediately and without notice to the defendant, his agents and attorneys.”

The bill sets up the making of a lease of certain premises by the appellant, L. Z. Leiter, to the appellees,…