Majority
Headnote
1. Statutes—Constructions—Effect to be Given to Every Word.The granting of this injunction ex parte was not in my judgment a violation of section 1809 of the Code of Civil Procedure. By that section it is required that an injunction shall not be granted ex parte which operates to suspend “the general and ordinary business of a corporation.” The Code provision is not clear. It is difficult to tell what is the general, as distinguished from the ordinary, business of the corporation. We are required to interpret a statute to give full effect to every word iised, and the only interpretation that can satisfy this rule is one that shall prohibit the granting of an injunction ex parte which shall suspend generally the ordinary business of a corporation. In 2 Nichol’s 'Practice, p. 1573, in speaking of -this provision, it is said:
“It refers only to Injunctions extending to a total suspension of corporate business, and has no application where the injunction restrains only a single act or duty. Thus enjoining a railroad corporation from intersecting the road of another company of which plaintiff is a member does not suspend the general business of the corporation.”
This seems to be the interpretation practically given to the statute in Roosevelt v. Edson, 7 Civ. Proc. R. (N. Y.) p. 5, by the Special Term .of the Superior Court, and this interpretation also finds some support in Howlett v. N. Y. W. S. & Ry. Co., 14 Abb. N. C. (N. Y.) 328.
Nor is it difficult to define the rights of a railroad company occupying the public street. They may run their cars back and forth through
The order should, therefore, be sustained, with $10 costs and disbursements.
Order affirmed, with $10 costs and disbursements. All concur.