 | 1852 - 446 pages
...speak, certainly does not give such a power. It gives no authority to grant an injunction except when it shall appear by the complaint that the plaintiff is entitled to the relief demanded, in which case a temporary injunction may issue to retain things in statu quo until the determination... | |
 | 1854 - 798 pages
...section 219. It provides — and the provision, it seems to me. meets this case precisely — that when it shall appear by the complaint that the plaintiff is entitled to the relief dennnded, and such relief or any part thereof consists in restraining the commission or continuance... | |
 | 1854 - 794 pages
...section 219. It provides — and the provision, it seems to me, meets this case precisely — that when it shall appear by the complaint that the plaintiff is entitled to the relief denunded, and such relief or ¡my part thereof consists in restraining the commission or continuance... | |
 | Samuel Owen - 1854 - 398 pages
...cases in which a temporary injunction may be granted, but all of these are cases in which it appears by the complaint that the plaintiff is entitled to the relief demanded against the defendant, to restrain whose acts or proceedings the injunction was sought. The section... | |
 | New York (State) - 1855 - 802 pages
...restrain the sale or disposition of the goods by the defendantsduring the litigation; for it appears by the complaint, that the plaintiff is entitled to the relief demanded, and that it consists in restraining the defendants from a disposition of the goods, which, if permitted,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1857 - 722 pages
...Emott, Justice.] MORGAN vs. QUACKENBUSH and others. An injunction can be granted only when it appears by the complaint that the plaintiff is entitled to the relief demanded. There must therefore be a complaint, upon which to found a motion for an injunction. But if the motion... | |
 | Benjamin Vaughan Abbott - 1859 - 580 pages
...regarded. Section 219 of the Code provides that the application for an injunction order may be made when it shall appear by the complaint that the plaintiff is entitled to the relief demanded ; and section 220 provides that it may be granted at the time of commencing the action, or at any time afterwards,... | |
 | New York (State). Superior Court (New York), Joseph S. Bosworth - 1859 - 756 pages
...the very first condition, upon which the Court is permitted to grant a temporary injunction, is, that it shall appear by the complaint that the plaintiff is entitled to the relief demanded ; ie if the Court can see that if the plaintiff finally establishes the facts which he alleges, he... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 pages
...application for an injunction, yet inasmuch as the code requires, as a prerequisite to an injunction, that it shall appear by the complaint that the plaintiff is entitled to tha relief demanded, the court will, on a motion to continue a temporary injunction, examine the question... | |
 | California - 1863 - 756 pages
...399. § 112. When it may be granted. An injunction may be granted in the following cases : 1st. When it shall appear by the complaint that the plaintiff is entitled to the relief demanded, and such refief, or any part thereof, consists in restraining ilie commission or coutiuance of the act complained... | |
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When it appears by the complaint that the plaintiff is entitled to the relief demanded and... 
