true, as deponent is informed by his attorneys herein, as the re sult of inquiries made by them at the office of the sheriff of the county of and of his deputy in charge of such executions, and which deponent verily believes to be true.

[And so on:]

IV. That the defendant W. X. is about to [stating what is threatened in violation of the plaintiffs' rights respecting the subject of this action, and tending to render judgment herein ineffectual, and which will produce injury to the plaintiffs, as de- . ponent is informed by his attorney C. D. as the result of inquiries made by him, as shown in his affidavit hereunto annexed, and deponent verily believes such information to be true.

I. That he is one of the firm of D., S. & H., the attorneys for the plaintiffs in this action, and is the attorney referred to in the annexed affidavit of the plaintiff.

II. That the statements contained in said affidavit as to inquiries having been made by deponent, and as to information having been thereby ascertained, as stated in said affidavit, are true; [here state at length the inquiries made and information derived therefrom.]

III. That no previous application for an injunction in this action has been made [except, etc.]

[If absolute ex parte injunction is asked for] IV. That the defendant has not answered or appeared herein; that the summons and complaint were personally served within this State on the day of last

[Jurat.]

80 A court of equity will not interfere by injunction to prevent defendant. from doing what he has not threatened to do, or claimed the right to do. Griffith v. Dodgson, 103 App. Div. 542, 93 N. Y. Supp. 155. 'The allegation of an intent on the part of defendant to do the act desired to

[Signature.]

be both permanently and temporarily enjoined is an essentia! element of the complaint. See paragraphs 2 and 4, supra.

This paragraph in the affidavit is not essential where the right to the injunction order depends upon the nature of the action.

FORM No. 529.

Affidavit to truth of allegations in complaint; another form.81

[Title of court and action.]

That he is familiar with all the matters which in the complaint in this action are stated on the information and belief of the plaintiff, and has actual knowledge thereof, and knows that the matters therein stated are true. [Also state means of knowledge, etc. e. g., thus:] That deponent, until within a few days last past, was in the employ of said defendant as book-keeper, and had free access to the books of said copartnership and of said defendant, and had and has personal knowledge of the financial and other business matters of the said concern, and of said defendant. [Jurat.] [Signature.]

FORM No. 530.

The same; another form.

[As in last Form to the *, continuing] I. That A. B., above named, the plaintiff in this action, is now, as this deponent is informed by [state source of information and show that it is properly relied on] and verily believes, absent from the city of New York, viz., on a voyage to, or now in, the kingdom of Great Britain; that said A. B. left the city of New York for Liverpool on or about day of last past.

the

II. That this deponent is the attorney in fact of said A. B., for the purpose of suing for and recovering the sum of money mentioned in the complaint, by virtue of a power of attorney under seal, duly executed and delivered, a copy of which is hereto annexed, marked "A."

III. That this deponent has read the complaint herein and knows the contents thereof; that this deponent is personally conversant with and participated in all the transactions with defendant alleged in the complaint, and acted therein as agent and representative of the plaintiff; and he has full information as to all other matters stated therein [indicating its sources and annexing copies of any documents mentioned], and from such knowledge and information believes all such matters to be therein truly stated, and such complaint to be true.

[Jurat.]

81 While such an affidavit is doubtless sufficient, it is more in accord with customary practice to detail in

[Signature.]

the affidavit all the matters to which deponent makes oath.

FORM No. 531.

Another form; affidavit to obtain injunction against delivery of pledge wrongfully sold.82

[Title of court and action.]

[Venue.]

W. H., being duly sworn, says:

I. I am the plaintiff in the above entitled action.

II. On or about the borrowed

dollars of the defendant R. W. S., and then and there gave him my promissory note [a copy of which is hereto annexed], dated that day, promising to pay to his order days after date, the said sum of dollars, and interest at six per cent. per annum, and at the same time pledged to him, as collateral to said note, all of my interest in the stock, assets and property of the defendants, the N. R. Company, the same being shares of the capital stock thereof.

III. My said interest pledged as aforesaid is of great value, and is worth at least the sum of dollars, but said stock is not listed, and has not a market value, nor is the same obtainable in market.

day of

19 day of

IV. On the day when said note became due, the time for payment thereof was, by agreement between myself and said S., extended to the Subsequently, and on the 19, I had an interview with said S., at which I endeavored to obtain an extension of time for the payment of said note, which he would not grant, but promised me that before the said collateral should be sold I should have ample time and sufficient notice of said sale in order that I might redeem my said pledge. I, on my part, promised that if I should have such notice I would raise the money and redeem said collateral.

day of

V. On Monday, the 19 at about half after ten o'clock in the forenoon, I received the annexed notice of sale, which, as appears from the post-mark on the envelope which contained the same, which is also hereto annexed, was mailed to me on Saturday previous, the 6.30 o'clock in the afternoon; said notice was addressed to me at

82 The dissolution of an injunction which had been granted on substantially this affidavit was held error in

day of

19, at

Hamilton v. Schaack, 16 Wkly. Dig. 423.

street, in the city of

and the

my office, No. same was mailed long after daily business hours, which was well known to said S. or the person who sent said notice.

There is no delivery of mail on Sunday, which also was well known to said S. or the person who sent said notice, who also well knew that I would not receive said notice until the next business day, which would be Monday, the the day previous to said contemplated sale.

VI. After said notice was received, I made diligent effort to obtain the money with which to redeem said pledge, and I am satisfied that I should have been able to do so in time if I had had reasonable notice of said sale. My attorney, A. T., of attended at the time and place of said sale, and before any bids were made notified all parties present of the facts of said notice and of its insufficiency, and that any purchaser would buy subject to this defect, but notwithstanding, as I am informed and believe, the collateral was bid in by and claimed to have been bought by the defendant S. for dollars.

VII. On Friday, the

day of

, inst., about o'clock, I duly tendered said S. in money the sum of dollars, being the amount of my said debt to him, and legal interest in full thereon to date of the tender, but he refused to accept the same.

VIII. Said notice before mentioned was unreasonably short and insufficient to allow me to obtain the necessary amount of money with which to redeem said pledge, and unless said sale of my said stock can be rescinded and the same redeemed and retransferred to me, and the officers of the defendant corporation can be meanwhile and during the pendency of this action restrained from issuing or delivering shares of stock or securities or evidences representing my interest in said corporations, or allowing access to their books, so that transfers of the same might be made by others, and said S. enjoined from negotiating, selling, transferring, or in any way disposing of my said interest, or any part thereof, to third parties, or any party other than the plaintiff I shall suffer irreparable loss and injury thereby, and the judg ment of this court will be rendered ineffectual.83 [Jurat.]

83 The complaint should allege an intent by defendant S. to cause the

[Signature.]

stock to be transferred upon the company's books.

FORM No. 532.

Oath to reason for not presenting complaint.84

This action has been commenced by the issue of the annexed summons, and the complaint will demand judgment for [indicating relief] upon the facts stated in the affidavits hereto annexed, and the reason that said complaint is not herewith presented is that [it has been impossible for deponent in the exigency requiring an immediate application for injunction herein, to complete it in time].

FORM No. 533.

Oath denying collusion; to annex to a bill of interpleader.85

That he does not bring this action by the consent, knowledge, privity, or combination of any or either of the defendants in this action, but only of his own free will, for relief in this court.

FORM No. 534.

Affidavit by coplaintiffs in support of motion for injunction.

[Title of court and action.]

years

C. D., E. F., G. H. [etc.], being each severally duly sworn, each for himself says: That he is and for more than past has been the owner of the shares of the capital stock of the defendant corporation, set opposite to his name in exhibit “A” annexed to this affidavit and made part hereof; and that he favors the commencement and prosecution of this action, and is in full accord with the proceedings taken herein by the plaintiff A. B. And that the allegations of the complaint in paragraphs numbered and are true to deponent's knowledge. [Jurat.]

FORM No. 535.

[Signatures.]

Notice of motion before court or judge, for injunction.88 [As in Form 47, p. 166, of this volume, inserting as relief sought:] restraining the defendant, his agents, attorneys and servants [if a corporation, add, and officers; if an association,

84 An application for a temporary injunction cannot be made without the complaint in any case where plaintiff's right depends upon the nature of the action. See paragraphs 2 and 4, supra, pp. 902, 903.

85 Usually included among the alle gations of the complaint itself.

86 For orders to show cause as a short notice, see Forms 538, 543.

As to necessity of notice in actions

against corporations and joint-stock associations, see N. Y. Code Civ. Pro., $$ 1787, 1802, 1809, and People ex rel. Roosevelt v. Edson, 51 N. Y. Super. Ct. 238, 1 How. Pr. (N. S.) 231. 7 Civ. Pro. Rep. 5 (holding the statute not applicable to municipal corpora tions); rev'd on another ground in 1 How. Pr. (N. S.) 482. If receiver is asked for, move the court. See also RECEIVERS.