Hawley v. Bennett
New York Court of Chancery
Upon affidavits, entitled in the above cause, showing that the defendant, Abel T. Bennett, had been guilty of a breach of an injunction issued in a suit in which William James was complainant and the said Bennett was defendant, the complainants obtained an order that the defendant show cause why an attachment should not issue against him; and that a copy of the order, and of the affidavits on which the same was founded, should be served on the defendant eight days previous…
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Upon affidavits, entitled in the above cause, showing that the defendant, Abel T. Bennett, had been guilty of a breach of an injunction issued in a suit in which William James was complainant and the said Bennett was defendant, the complainants obtained an order that the defendant show cause why an attachment should not issue against him; and that a copy of the order, and of the affidavits on which the same was founded, should be served on the defendant eight days previous to the day of showing cause. now showed cause, and insisted, preliminarily, that the order was improperly granted, and…
1Opinion of the Court
The Chancellor.
An injunction is not dissolved, neither does it become inoperative, by the abatement of the suit in which it issued. But the rule is, that if the suit abates by the death of either the complainant or the defendant, the party against whom the injunction issued, or his representatives, may have an order requiring the complainant, or his representatives, to revive within a stated time, or that the injunction be dissolved. (Duke of Chandos v. Talbot, Sel. Cas. in Chanc. 24. Hill v. Hoare, 2 Cox’s Cas. 50.) Where a suit abates by the death of the complainant, those who succeed to…
2Cited by20 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Lester v. PeopleIllinois Supreme Court · 1890
- Wyatt v. the PeopleSupreme Court of Colorado · 1892
- State v. NathansSupreme Court of South Carolina · 1897
- Eastern Bridge & Structural Co. v. Worcester Auditorium Co.Massachusetts Supreme Judicial Court · 1914
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