New York Supreme Court, 1877

Chatterton v. Kreitler

New York Supreme Court · Decided November 15, 1877 · Lawrence

2 Abb. N. Cas. 453

Counsel

A. J. Vanderpoel, for the motion., Abel Croolc, opposed,—Urged, that the plaintiffs should have moved on affidavits ; that section 603 of Code of Civ. Pro. is in substance a part of section 219 of Code of Pro., and under that section an affidavit had repeatedly been held necessary (Fowler v. Burns, 7 Bosw. 637; Hascall v. Madison University, 8 Barb. 174, 176). That section 607 of Code of Civ. Pro. required an affidavit in all cases.

Opinion of the Court

Lawrence, J.

I am not prepared to hold that section 603 of the Code of Civil Procedure dispenses with the necessity of an affidavit upon an application for an injunction. If it does not, the verification of the complaint is not sufficient.

Section 603 must be read in connection with section 607 (See also Mr. Throop’s note to § 603). For this reason the motion for an injunction is denied, but, as the point is new, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.