Fitzgerald v. Twinbull

New York Court of Appeals

Fitzgerald v. Twinbull

6 N.Y. St. Rep. 861

New York Court of Appeals·Decided March 2, 1887·Published

Opinion

Per Curiam.

The plaintiff on the papers which were presented to the justice in the court below, was not properly in court. The preliminary objections as to the form of the undertaking ana of the justification, and as to the omission to recite in the injunction the grounds upon which it was granlcd, [862]*862were well taken. His course was to move to amend, or to renew the application upon additional papers .

The order should be affirmed, with ten dollars costs and disbursements

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Per Curiam.

The plaintiff on the papers which were presented to the justice in the court below, was not properly in court. The preliminary objections as to the form of the undertaking ana of the justification, and as to the omission to recite in the injunction the grounds upon which it was granlcd, [862]*862were well taken. His course was to move to amend, or to renew the application upon additional papers .

The order should be affirmed, with ten dollars costs and disbursements

Fitzgerald v. Twinbull, 6 N.Y. St. Rep. 861 (N.Y. 1887).

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