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10 Paige Ch. 485

Parker v. Wakeman

New York Court of Chancery

Decided November 24, 1843

New York Court of Chancery · decided 1843-11-24

This was an application for an attachment against the defendant for the breach of an injunction. The suit was upon a creditor’s bill, and after the service of the ordinary injunction in such suit, the defendant proceeded to a hearing before referees, in a suit which he had previously commenced against a third person, and obtained a report and entered judgment thereon.

Decided 1843-11-24

The Chancellor

¶1denied the application, upon the ground that the act complained of was not such a breach of the injunction as would authorize the complainants to proceed against the defendant for a contempt. He said it could not possibly injure them in the collection of their debt, and was apparently for their benefit; and that it was not an inter-meddling with the defendant’s property within the spirit and intent of the injunction.

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