Leffingwell v. Chave
The Superior Court of New York City
Motion to dissolve an injunction. The injunction was granted as a provisional remedy, and the grounds upon which the defendants asked to have it dissolved were, that the affidavits on which it was granted, were not served ; that it was granted before any service of the summons, and, therefore, before any action had been commenced; that the undertaking given on the granting of the injunction was not executed by the plaintiff, nor by any person on his behalf, but merely by…
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Motion to dissolve an injunction. The injunction was granted as a provisional remedy, and the grounds upon which the defendants asked to have it dissolved were, that the affidavits on which it was granted, were not served ; that it was granted before any service of the summons, and, therefore, before any action had been commenced; that the undertaking given on the granting of the injunction was not executed by the plaintiff, nor by any person on his behalf, but merely by sureties; and that the undertaking, and the complaint (which was used as an affidavit), on which the injunction was…
1Opinion of the CourtWoodruff, J.
—The objection that the affidavits on which the injunction was granted were not served, is not insisted upon. The plaintiff’s affidavit shows that no other affidavit than the complaint, duly verified, was presented to the justice for the purpose of obtaining an injunction. This is sufficient for that purpose. By the plain terms of section 219, a temporary injunction may be granted, when it “ appears by the complaint” that a case exists in the plaintiff’s favor, entitling him to have the defendant restrained. Whether under the language of section 220, requiring that “ a copy of the affidavit”…
2Cases cited1 opinion
- North American Coal Co. v. DyettNew York Court of Chancery · 1833
3Cited by4 opinions
- Daly v. . AmbergNew York Court of Appeals · 1891
- Ex parte SayreSupreme Court of Alabama · 1891
- Jordan v. WilsonSupreme Court of South Carolina · 1904
- Leavitt v. DabneyThe Superior Court of New York City · 1870