Sanders v. Ader

Appellate Division of the Supreme Court of New York

Sanders v. Ader

49 N.Y.S. 964

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 25, 1898

StatusPublished

Cited by2 cases

This text of 49 N.Y.S. 964 (Sanders v. Ader) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sanders v. Ader, 49 N.Y.S. 964 (N.Y. Ct. App. 1898).

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Opinion

PER CURIAM.

The injunction here is asked for under the authority of section 608, Code Civ. Proc., where the right to injunction depends upon the nature of the action. In that case the facts must appear from the complaint, and no facts can be considered except such as are set out in the complaint, and facts alleged in an affidavit are not material, and cannot be considered, unless they are alleged in the complaint. Stull v. Westfall, 25 Hun, U Unless a cause of action is set out in complaint, and an injunction is demanded as a part ■of relief sought, an injunction cannot be granted. McHenry v. Jewett, 90 N. Y. 58. The complaint must therefore be presented on applying for injunction, and, if he fails to present it, the plaintiff does not show that he is entitled to such relief. No complaint was presented here, and therefore the order denying injunction was correct, and should be affirmed.

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PER CURIAM.

The injunction here is asked for under the authority of section 608, Code Civ. Proc., where the right to injunction depends upon the nature of the action. In that case the facts must appear from the complaint, and no facts can be considered except such as are set out in the complaint, and facts alleged in an affidavit are not material, and cannot be considered, unless they are alleged in the complaint. Stull v. Westfall, 25 Hun, U Unless a cause of action is set out in complaint, and an injunction is demanded as a part ■of relief sought, an injunction cannot be granted. McHenry v. Jewett, 90 N. Y. 58. The complaint must therefore be presented on applying for injunction, and, if he fails to present it, the plaintiff does not show that he is entitled to such relief. No complaint was presented here, and therefore the order denying injunction was correct, and should be affirmed.

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Bluebook (online)

49 N.Y.S. 964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-ader-nyappdiv-1898.

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