Morgan v. Quackenbush
New York Supreme Court
MOTION for injunction. Upon the hearing of the motion, . it was shown affidavit on the of the plaintiff, that . it was shown by affidavit on the part of the plaintiff, that on the 16th of January, 1855, the plaintiff was duly appointed chief of police in the police department of the city of Albany for the term of three years, and that he entered upon, and has ever since continued to dicharge the duties of the office ; that a charter election for said city was held on the…
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MOTION for injunction. Upon the hearing of the motion, . it was shown affidavit on the of the plaintiff, that . it was shown by affidavit on the part of the plaintiff, that on the 16th of January, 1855, the plaintiff was duly appointed chief of police in the police department of the city of Albany for the term of three years, and that he entered upon, and has ever since continued to dicharge the duties of the office ; that a charter election for said city was held on the second Tuesday of April, 1856, for the election among other officers, of a mayor, to hold his office for two years, to…
1Opinion of the CourtHarris, J.
An objection was taken upon the hearing, which I was at first inclined to think fatal to- this application. The action was commenced, as was stated, by the service of a summons, without complaint, and the motion is founded upon an affidavit. An injunction can only be granted when it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce injury to the plaintiff. The objection is that there…
2Cited by32 opinions
- State v. BrittonWashington Supreme Court · 1947
- Hamlin v. KassaferOregon Supreme Court · 1887
- Moulton v. ReidSupreme Court of Alabama · 1875
- State ex rel. Attorney-General v. SteersSupreme Court of Missouri · 1869
- In re GunnSupreme Court of Kansas · 1893
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