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Uppercu v. Stevens

160 A.D. 918 Court N.Y. App. Div. English

Contents

Majority

p. 918
Inglis M. Uppercu, Respondent, v. Harry M. Stevens and F. and D. Company, Appellants.

Headnote

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.

As 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.