and members] from [here state concisely for what the injunction is desired] or for such other and further order and relief as may be just. FORM No. 536. The same, in action of interpleader. [As in Form 47, p. 166, of this volume, inserting in place of the italic clause on p. 167, as the relief sought:] that the plaintiff may be at liberty within [ten] days to pay into this court, in this action the sum of dollars, in the complaint herein mentioned [and to deposit in such manner as the court shall direct the two promissory notes therein mentioned, for the sums of and dollars respectively]; and that upon his so doing an injunction may be awarded to restrain the said defendant Y. Z. from [here state acts to be restrained; see Forms 539-650]. FORM No. 537. Notice of motion for injunction to restrain State officer or board, or employee. thereof, in statutory duty.87 [Title of court and action.] of Please take notice, that upon the annexed complaint [or, the complaint filed herein] and the annexed affidavits of [etc.] the undersigned will move this court, at a Special Term to be held at the Court House, in the [designating a term in the department in which the officer or board to be enjoined is located, or the duty required to be performed] for an order that [here state acts to be enjoined; see Forms other or further relief as may be just. ], or for such [Signature and office address of], Attorney for plaintiff. [Date, and address to the officer, board, or other person to be restrained.] [Notice of motion in other cases, as in Form 47, p. 166, and Form 535, above.] 87 Under N. Y. Code Civ. Pro., § 605, as amended 1895. The former provision required the motion to be made at General Term. II. INJUNCTIONS. FORM No. 538. Injunction, ex parte,88 by court or judge,89 where the right depends on the nature of the action; general form, with or without order to show cause why it should not be continued.90 [Title of] Court [or if a court order] [Title of action.] At a special term [etc., as in Form No. 94, on p. 255 of this volume]. day of of It appearing to my satisfaction [or, to the satisfaction of the court] by the complaint herein verified the 19 and the annexed affidavit of A. B., verified the 19 , that the plaintiff demands and is entitled to a judgment against the defendant, restraining the commission or continuance of the acts hereinafter enjoined [briefly indicating ground, for instance, on the ground that such acts are a violation 88 Cannot be granted ex parte if it seeks to restrain the business of a corporation. N. Y. Code Civ. Pro., § 1809. 89 Under N. Y. Code Civ. Pro., § 606, unless otherwise specially prescribed by law, as in some cases of injunctions against corporations, this order must be made by the court in which the action is brought, or by a judge thereof, or any county judge. See page 98, supra, as to the reason why it cannot be made by a judge of another court except the county judge. Special county judges may also grant injunctions. Aldinger v. Pugh, 132 N. Y. 403. But the restriction of the power of a county judge to grant ordinary ex parte orders to a judge of a county where the action is triable, or the attorney resides, is not applicable. See pp. 97-100, supra. An injunction granted by a judge or a county judge since it is provided by Code Civ. Pro., § 606, that where "it is granted by a judge it may be enforced as the order of the court," is deemed a mandate of the court, and disobedience may be punished by proceedings in contempt. On this question, in the case of People ex rel. Negus v. Dwyer, 90 N. Y. 402, where an injunction in a Supreme Court cause was granted by the county judge, and it was objected that such an injunction could not be thus enforced, Ġilbert, J., at Special Term, says: "A simple reading of §§ 606, 607-609 and 610, in connec tion with subd. 3 of § 3343 of the Code of Civil Procedure, will show very clearly that the order made by Judge Moore was a mandate of the court, and not an act merely of the county judge done independently of the court." This ruling was approved at General Term and also by the Court of Appeals. 90 The order may be absolute till the further order of the court, leaving defendant to move against it, which form is rarely granted; or it may be, as usually it is, with a clause requir ing defendant to show cause why it should not be continued. 91 The omission to comply with the requirement of N. Y. Code Civ. Pro.. § 610, that the injunction shall briefly indicate the ground on which it is granted does not render the order void (Daly v. Amberg, 13 N. Y. Supp. 376) and the irregularity may be disregarded by the court if no substantial right has been violated, for it is not jurisdictional. Atl. & Pac. Tel. Co. v. B. & O. R. R. Co., 46 N. Y. Super. Ct. 377; Church v. Haeger, 38 of the contract mentioned in the complaint], that the commission or continuance of the said acts during the pendency of the action would produce irreparable injury to the plaintiff and that such commission and continuance thereof on the part of the defendant is threatened and reasonably to be apprehended, [may add, if extrinsic facts are also relied on], and it appearing by said complaint and affidavit, that the defendant during the pendency of the action is doing or procuring or suffering to be done, and threatens, or is about to do or to procure or suffer to be done the acts hereinafter enjoined, in violation of plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, by [here briefly indicate ground; see Forms below]. *And the plaintiff having duly given the undertaking required by law: 92 91 Now, on motion of A. T., attorney for the plaintiff, ORDERED, that the defendants W. X. and Y. Z., and each of them, and their agents, attorneys and servants [if. corporation, add, and officers; if a public officer, and deputies; if an association, and its members], be, and they are, and each of them is, hereby enjoined and restrained until the hearing and decision of the court upon this application from [here state acts forbidden; see Forms 539-548, and 555-651]. day of 93 [It is usual to add an order to show cause why the injunction should not be continued, thus:] ↑ And let the defendants or their attorneys show cause before this court at a Special Term [Part I] thereof, to be held at the County Court House, in the city of on the 19, at o'clock in the noon, or as soon thereafter as counsel can be heard, why this injunction should not be continued during the pendency of this action, of which motion service of this order and the papers upon which it was granted, on or before the shall be sufficient notice. day of 19 [If leave to serve additional papers is desired, add:] And plaintiff has leave to serve such further and additional affidavits and other papers in support of his motion for an injunction in this N. Y. Supp. 47; but it is always better to state it, for the omission may materially aid a motion to vacate. See Meyer . Moress, 106 App. Div. 556, 94 N. Y. Supp. 771. It is not sufficient, as a statement of the grounds, to recite the wording of the Code. Hotchkiss v. Hotchkiss, 2 N. Y. Supp. 825. It is sufficient if the order recites the several acts of the defendant complained of, fol lowed by a statement in the language of the section. Richards v. Goldberg, 7 Misc. 388, 27 N. Y. Supp. 919. 92 It is usual to recite the giving of the undertaking. It is not essential, however. Manley v. Leggett, 62 Hun, 562, 17 N. Y. Supp. 68. 93 Use this phrase instead of " until the further order" of the court. See Sargent v. St. Mary's, etc., Asylum, 112 App. Div. 674, 98 N. Y. Supp. action as he may be advised, on or before the inst. day of [Authentication as in Form 108, p. 265 of this volume.] [If a court order, take certified copies for service.] FORM No. 539. Injunction, ex parte, by court or judge, against wrongful delivery of stock pledged (absolute).94 [Name of] Court [or if a court order] At a Special Term [etc., as in Form 94, p. 255, of this volume]. [Names of parties.] day of dollars, and It appearing satisfactorily to me [or, to the court], by the affidavit of the plaintiff, W. H., that sufficient grounds for an order of injunction exist, to wit, that the plaintiff being indebted to the defendant, R. W. S., in the sum of interest thereon from the day of , 19, and having given to the said S. the property hereinafter mentioned as a pledge and collateral security for said debt, the said S. did, on the , 19, cause said property to be sold at public sale, without having first given to the plaintiff reasonable and sufficient notice of said sale; that all persons present at said sale were notified of the insufficiency of said notice, and that the purchase at said sale was made by said S. himself, subject to said notice, and that on inst. the plaintiff tendered to said S. the amount of his said debt and legal interest thereon to the date of the tender, and that there is reason to believe that the defendant corporations may issue and deliver to said S. or others, shares of stock or securities for, or evidences representing the plaintiff's interest in the stock, assets, and property of said defendant corporations, or one of them, in whole or in part, or allow access to their books, so that transfers of the same might be made by others than the officers of the corporations, and that said S. may negotiate, sell, transfer, or dispose of the said interest in whole or in part to persons or parties other than the plaintiff, to the damage of the plaintiff in the premises. And the plaintiff having given the undertaking required by law, now, on motion of A. T., attorney for plaintiff: 632. for the difference upon question of damages recoverable upon the undertaking. 94 As to who may make this order, see last Form, note 89. Sustained in Hamilton v. Schaack, 16 Wkly. Dig. 423, on the ground that the pledgee was not authorized to buy in himself. ORDERED, that the defendants, The Newfoundland Railway Company and The Newfoundland Railway Construction Company, their officers, agents, employees, and attorneys, refrain from issuing or delivering to R. W. S., or any person or party whatsoever any shares of stock or securities, or any evidences whatsoever representing in whole or in part the right, title, and interest of the plaintiff in and to the stock, assets, or property or any thereof, of the defendants, The Newfoundland Railway Company and The Newfoundland Railway Construction Company, or either of them, or allowing access to their books, or any of them, to any person or party, so that transfers of said right, title, and interest, or some thereof, might be made by others than the officers of said corporations, and that the defendant, R. W. S., his agents, employees, and attorneys, refrain from negotiating, transferring, or in any way disposing of the plaintiff's said right, title, and interest, or any part thereof, to third parties, or any party or person other than the plaintiff, during the pendency of this action, or until the further order of this court. [Authentication as in Form 108, p. 265. of this volume.] [If a court order, take certified copies for service.]' FORM No. 540. Injunction against disposal of negotiable bonds, with order to show cause. [Title as in last Form.] It appearing satisfactorily to me [or, to this court], by the verified complaint in the above entitled action and the annexed affidavit of E. M., verified 19 [here briefly state facts, for instance, thus], that plaintiff is entitled to the ownership and immediate possession of the bonds hereinafter named, which are in the hands of defendants, who hold them for her account, and that defendants threaten and are about to sell and dispose of said bonds, although forbidden so to do by plaintiff, to the great damage and injury of plaintiff, and that by such sale plaintiff will sustain damages over and above the value of said bonds, and plaintiff having given the undertaking required by law; now, on reading said complaint and affidavit, and on motion of W. D. H., attorney for the plaintiff, it is ORDERED, that until the hearing and decision of this court. hereon, the defendants and each of them and their servants, agents, or attorneys be and they are hereby enjoined and restrained from selling, delivering, parting with or disposing of the six hundred and fifteen (615) second mortgage income bonds of and issued by the Carolina Central Railroad Company, on or about |