Majority
p. 861CYRENIUS G FITZGERALD, Appl’t, v. GEORGE TWINBULL and another, Resp’t.
Headnote
Injunction—When vacated—Regularity of proceedings.Appeal from orders of the special term vacating injunction.
W. M. Safford, for app’lt; 8. M. Stilwell, for resp’t.
The plaintiff on the papers which were presented to the justice in the court below, was not properly in court. The preliminary objections as to the form of the undertaking ana of the justification, and as to the omission to recite in the injunction the grounds upon which it was granlcd,
p. 862
were well taken. His course was to move to amend, or to renew the application upon additional papers .
The order should be affirmed, with ten dollars costs and disbursements