¶1As the plaintiff presented to the court below no complaint showing that a cause of action existed which would entitle the plaintiff to an injunction, the court was without authority, under section 603 of the Code of Civil Procedure, to grant a temporary injunction. The order appealed from should, therefore, be reversed, with ten dollars costs and disbursements, and the motion for an injunction denied, with ten dollars costs. Present — Ingraham, P. J., McLaughlin, Clarke, Scott and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.
160 A.D. 918
Uppercu v. Stevens
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1914
Appellate Division of the Supreme Court of the State of New York · decided 1914-01-15
Appeals from an order of the Supreme Court, entered in the Hew York county clerk’s office on the 22d day of December, 1918, granting a motion for an injunction.
Decided 1914-01-15