1 Barb. 32
Decided September 13, 1847
New York Supreme Court · decided 1847-09-13
T. E. Tomlinson., for the defendant, moved to set aside, or to modify, an injunction granted on a creditor’s bill, which injunction restrained the defendant from proceeding, under the insolvent law, to obtain a discharge. The bill merely stated the fact that the defendant had, prior to filing the bill, made his application under the insolvent law, and prayed that he might be restrained from proceeding on his application; but without stating any special reasons therefor.
Decided 1847-09-13
¶1That clause ought not to be included in the injunction, unless special cause is shown therefor. It is not a matter of course thus to restrain a defendant, upon a mere suggestion of the fact that he is proceeding to obtain his discharge.
¶2Injunction modified as to the clause objected to.