Central Cross-Town Railroad v. Bleecker Street & Fulton Ferry Railroad

The weight of opinion seems to be in favor of the proposition that an injunction should not issue unless there be presented a complaint from which it shall appear *234that the plaintiff is entitled to the relief demanded. The Code, by section 219, so expressly declares; but it has been held, in two cases at least, that if the application is based on an affidavit containing all the requisities of a complaint, as prescribed by section 142 of the Code, it may be regarded, for the purposes of such application, as a complaint and affidavit (Morgan agt. Quackenbush, 22 Barb., 72; Mattice agt. Gifford,…