Fletcher v. Vandusen
Fletcher v. Vandusen
Opinion of the Court
— I. It is urged at great length and with much earnestness' that the petition is not supported by affidavit, within the meaning of section 3388 of the Code. It is 'insisted, that a verification which in ordinary cases would be 'sufficient for a pleading, is not sufficient when the petition asks an injunction. We are of opinion that the motion to 'vacate the injunction does not fairly raise or present the question of the sufficiency of the verification.
III. It is urged that the petition does not allege facts authorizing the issuance of an injunction. The position is not tenable. The petition shows the plaintiff’s interest in the 'property as administratrix, the insolvency of the principal 'defendants, that they are disposing of the property, and appropriating it to their own use, and that, unless the defendants be restrained by injunction as prayed, the property, effects and ■assets of the co-partnership are in danger of being wholly lost to the co-partnership and to the plaintiff as administratrix of the estate of J. B. Fletcher, deceased. These allegations ¡authorize'the issuance of an injunction as prayed.
Affirmed.
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