Sneath v. Lehsten

The opinion of the court was delivered by

Perskie, J.

We think that the order requires modification.

First — It is the well established rule that a preliminary injunction should not issue unless there be urgent necessity ; nor if the facts necessary to entitle complainant to relief are controverted under oath; nor if the right is not clear as a matter of law. Citizens Coach Co. v. Camden Horse Railroad Co. (Court of Errors and Appeals. 1878), 29 N. J. Eq. 299; Kellett v. Local No. 274., &c., Canada (Court of Errors and Apeals, 1933); 114. N. J. Eq. 107, 109; A. Hollander & Son, Inc., v. Jos.…