Gray v. Redfield
New York Court of Common Pleas
Appeal by defendant from, an order of the special term, made April 13th, 1869, denying the defendant’s motion to dissolve a preliminary injunction restraining the collection of a judgment for §57, entered February 19th, 1869, in the Seventh District Court of Hew York city, in favor of the defendant against the plaintiff.
1Opinion of the Court
By the Court.*—Joseph F. Daly, J.
—Upon applying for the preliminary injunction in this action, the plaintiff did not deposit the amount of the judgment and costs, nor give the bond,5 as required by the Revised Statutes (R. S. part 3, chap. 1, tit. 2, art. 5, § 140).
A compliance with this statute was necessary to give this court jurisdiction. This has been held in the Superior Court and in this court, where it is settled that the provisions of the statute in that regard are not abrogated by the Code (Cook v. Dickerson, 2 Sandf. 691; Carpenter v. Keating, decided at December, 1870, general term…
2Cases cited1 opinion
- Cook v. DickersonThe Superior Court of New York City · 1850