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Stone v. Carlan

4 N.Y. Super. Ct. 738 2 Sandf. 738 Court N.Y. Super. Ct. English

Delivered by Paine, J.

Contents

Majority

p. 738
Stone v. Carlan and others.

Headnote

Ah Appeal from an Aider granting an injunction, does nAtetay tie ópAratióá Af thii injunction; and if the defendant Violate it pénding thé appeSl, An attachment kill issue against him.
October, 1850.
An injunction was granted in this casé, restraining the defendants from using certain names and designations on their1
p. 739
carriages. They appealed to the general term from the order of the justice granting the injunction, and pending the appeal, continued to use the prohibited names. An order was thereupon made, requiring them to show cause why an attachment should not issue.
R. D. Holmes, for the defendants,
H. A. Mott, for the plaintiff.

The defendants claim that by their appeal proceedings are stayed, and that this suspends the effect of the injunction. This is an entire mistake. The sections of the code cited, (§ 334, 342 and 348,) do not apply to such appeals as this, which is from an order, not from a judgment; and on which no security is given. The injunction must be obeyed so long as it is in force, and as it appears to have been violated, an attachment must issue.