Parker v. Wakeman
New York Court of Chancery
This was an application for an attachment against the defendant for the breach of an injunction. The suit was upon a creditor’s bill, and after the service of the ordinary injunction in such suit, the defendant proceeded to a hearing before referees, in a suit which he had previously commenced against a third person, and obtained a report and entered judgment thereon.
1Opinion of the Court
The Chancellor
denied the application, upon the ground that the act complained of was not such a breach of the injunction as would authorize the complainants to proceed against the defendant for a contempt. He said it could not possibly injure them in the collection of their debt, and was apparently for their benefit; and that it was not an inter-meddling with the defendant’s property within the spirit and intent of the injunction.
2Cited by4 opinions
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- People v. DiedrichIllinois Supreme Court · 1892
- Ex parte HoltonSupreme Court of Alabama · 1881
- Van Wagonen v. . TerpenningNew York Court of Appeals · 1890