Gray v. Redfield

Decided June 15, 1871

New York Court of Common Pleas · decided 1871-06-15

Appeal by defendant from, an order of the special term, made April 13th, 1869, denying the defendant’s motion to dissolve a preliminary injunction restraining the collection of a judgment for §57, entered February 19th, 1869, in the Seventh District Court of Hew York city, in favor of the defendant against the plaintiff.

Relies on Cook v. Dickerson

Decided 1871-06-15

By the Court.*—Joseph F. Daly, J.

¶1—Upon applying for the preliminary injunction in this action, the plaintiff did not deposit the amount of the judgment and costs, nor give the bond,5 as required by the Revised Statutes (R. S. part 3, chap. 1, tit. 2, art. 5, § 140).

¶2A compliance with this statute was necessary to give this court jurisdiction. This has been held in the Superior Court and in this court, where it is settled that the provisions of the statute in that regard are not abrogated by the Code (Cook v. Dickerson, 2 Sandf. 691; Carpenter v. Keating, decided at December, 1870, general term of this court, not reported).

¶3The order appealed from must, therefore, be reversed.

¶4Order reversed.

¶5Present, Robinson, Larremore, and J. F. Daly, JJ.