Youngblood v. Schamp
New Jersey Court of Chancery
This bill was filed by Lewis J. Youngblood' and others against Henry Schamp and Robert Schamp, executors of Henry G. Schamp, deceased, for an injunction to restrain the defendants from making sale of a farm of their testator, pursuant to>>>an order of the Orphans Court of the county of Hunterdon.
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This bill was filed by Lewis J. Youngblood' and others against Henry Schamp and Robert Schamp, executors of Henry G. Schamp, deceased, for an injunction to restrain the defendants from making sale of a farm of their testator, pursuant to>>>an order of the Orphans Court of the county of Hunterdon. The bill was not sworn to by either of the complainants, but was verified by the oath of Mr. James M. Robinson, the solicitor of the complainants, and by copies of the documents referred to in the bill, which were annexed to and filed with the bill, and were duly certified by the surrogate of…
1Opinion of the Court
The Chancellor.
There should be a special affidavit of tho truth of the facts upon which the application for an injunction is founded. An injunction issued upon the common affidavit in the form ordinarily annexed to an answer will be dissolved very much as a matter of course. Eden on Inj. 377, 380; Campbell v. Morrison, 7 Paige 157.
It is rarely, if ever, that the right to an injunction can rest upon the acts of the complainant, and it is in relation to those, alone, that the affidavit professes to be founded on knowledge. As to the acts of all others, it is founded on belief only.
It is not…
2Cases cited3 opinions
- Campbell v. MorrisonNew York Court of Chancery · 1838
- Bank of Orleans v. SkinnerNew York Court of Chancery · 1841
- Attorney-General v. President, Directors & Co. of the Bank of ColumbiaNew York Court of Chancery · 1829
3Cited by2 opinions
- Madsen v. Burns Bros.New Jersey Court of Chancery · 1931
- Environmental Control Systems, Inc. v. AllisonIndiana Court of Appeals · 1974