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2 Edw. Ch. 188

Moat v. Holbein

New York Court of Chancery

Decided March 10, 1834

New York Court of Chancery · decided 1834-03-10

The bill (which was sworn to) contained no prayer for subpoena. An injunction had been issued, under the allocatur of the master; and, served. The writ of injunction was loose in its terms.

Good law ✅— No negative treatment on recordhow we know

Decided 1834-03-10

How this case has been cited

Cited by 7 later decisions — most recently June 1945

7 state decisions

40183418401850186018701880189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Vice Chancellor:

¶1While an injunction is in operation, a party ought to respect it, even though the same may have been improperly issued: more particularly if it be connected with strong equitable circumstances. The case of Partington v. Booth, 3. Meriv. 148. is in point.

¶2But I am strongly inclined to say, that no motion made after the dissolution of such an injunction for an attachment, on the ground of an infringement of it while in force, can be sustained.

¶3There would be another ground for refusing the present application, even if what I have said were not sufficient. The injunction is not definite. It does not point out what particular partnership property is to be held sacred. A writ of injunction ought to be sufficiently explicit upon its face, by defining the property or matter enjoined, and so that a party may thereby be clearly advertised of what he is not to do. Motion denied.

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