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Freeman v. Deming

4 Edw. Ch. 598 Court N.Y. Ch. Decision date 1844-11-11 English

Contents

Majority

p. 598
Freeman v. Deming and others.
Nov. 11, 1844.

Headnote

A defendant is not to be punished for an infringement of so much of a writ of injunction as goes further than the prayer of the bill.
Practice. Injunction.
On a motion for an attachment for violating an injunction, it appeared that the working of the latter carried the enjoinment further than the prayer in the bill.

The language of the injunction differs from the prayer of the bill; but it is, nevertheless, to be understood as if it followed the prayer: and the defendants are to be enjoined no further than the bill requires.

Mr. Dana, for the complainant.

Mr. A. P. Mati, for the defendant.