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19 , of the par value of one thousand dollars each, numbered 1 to 615, and mentioned in the complaint herein.
And on the service of this order and of copies of the papers above mentioned on the defendants, three days before the return day below named, it is further
ORDERED, that the defendants, or their attorneys, show cause before this court at a Special Term, to be held at in on the of
, 19, at o'clock in the noon on that day, or as soon thereafter as counsel can be heard, why the foregoing order, or some order to be made, of like purport and effect as the same or some part thereof, should not be continued until the final judgment in this action, or why such other or further order or relief should not be granted as may seem just; and until this order is modified, let the same be in full force and effect. [Authentication as in Form 108, p. 265 of this volume.]
[If a court order, take certified copies for service.]
FORM No. 541. Injunction against taking letters from post-office,95 with order to show cause.* [Title of] Court (or if a court order]
At a Special Term [etc., as in Form
94, p. 255 of this volume.] [Names of parties.]
It appearing by the complaint herein verified the dav of
19 and the annexed affidavits of M. N. and O. P., verified [the same day],* that [here state concisely the grounds of the injunction,97 for instance, to enjoin taking letters from post-office thus] the defendants have conspired to defraud and have defrauded the plaintiff of a large sum of money, riz,
dollars, or thereabouts, which has been forwarded by certain of the defendants to the others; that the letters containing the money or part thereof so fraudulently obtained, are still under the control of the postal authorities of the United States; that the defendants are irresponsible, and that if said letters are delivered to defendants or either of them, plaintiff will have no adequate remedy at law, it is, on the motion of C. B., plaintiff's attorneys, the undertaking required by law having been duly given,
95 This injunction was sustained in Zellenkoff v. Collins, 23 Hun, 156. For another form, see Form No. 605.
96 As to who may make this order, see note 89 to Form 538.
97 For other grounds, see Nos, 555, etc.
ORDERED, that the defendants [names] be, and they and each of them, their agents, servants, attorneys, and assignees, and each of them, are enjoined and prohibited until the hearing and decision of the motion hereon, [state forbidden act, for instance, thus (for other Forms, see Nos. 555-651)] from asking, demanding, receiving, or accepting from the postal authorities of the United States any registered letters addressed to said defendants or either of them; and more especially certain letters mailed between the day of 19 , and the
day of 19 , both inclusive, addressed to [names] and purporting to come from [name] at Antwerp, Belgium, until the further order of the court.
And let the defendants, or their attorneys, show cause before this court at a Special Term thereof, to be held at the City and County Hall] in the city of [Buffalo), county of Erie, on the day of 19 at o'clock in the
noon, or as soon thereafter as counsel can be heard, why this injunction should not be made permanent [of which motion service of this order on or before the
shall be sufficient notice. ] [Authentication as in Form 108, p. 265 of this volume.]
[If a court order take a certified copy for service.]
FORM No. 542. Injunction against municipal corporation forbidding them to authorize the
construction of a city railroad.98 [Title of court and action.] [Or may be a court order.] [Recitals, etc., according to the case.]
ORDERED, that the above-named defendants show cause before this court at a Special Term [Part 1] thereof, to be held at the Court House, in the city of
day of 19 , at o'clock in the forenoon, or as soon thereafter as counsel can be heard, why an injunction should not issue in said action as prayed for in the complaint herein, and why said injunction should not be made perpetual.
And it is further ordered, that in the meantime and until the hearing and decision of said motion, the aforesaid defendants, The City of Brooklyn and the Common Council of the City of Brooklyn, and each and every member thereof, be and they are hereby enjoined and restrained, them and each of them, from
98 From the case of People ex rel. disobedience of this injunction was Negus o. Dwyer, 90 N. Y. 402, where punished.
Voting, acting upon or considering in any form or manner or passing any resolution, ordinance, rule or regulation, altering or changing the route of the defendant, the Brooklyn Elevated Railway Company, in the city of Brooklyn, from the route desig. nated in the charter of said company or its successors or any persons in interest, or giving or granting any privileges or franchise to said defendant railway company over, along, upon or througt: or across any of the streets, avenues, or places, or any portion thereof named in the resolution set forth in the plaintiff's complaint hereto annexed, or from voting or doing any act to override, or pass any resolution or rule to reconsider the veto of disapproval of the mayor of the city of Brooklyn, of the resolution aforesaid.
And it is further ordered, that said defendant, the City of Brooklyn and the Common Council thereof, and each and every member thereof, be and they are hereby restrained from giving, granting, or in any way or manner conferring on the said B. E. R. (0., their counselors, attorneys, servants and agents, or the defendants, J. R. L. or S. M. S., as receivers of said B. E. R. Co., or their associates, successors, or assigns, their counselors, attor. neys, agents, servants, or any person or persons whomsoever, the night, liberty, privilege, or franchise of constructing or maintaining an elevated railway or any railway in any of the streets or avenues thereof mentioned in the aforesaid resolution.
And it is further ordered, that the said defendant, the B. E. R. Co., and J. R. L. and S. M. S., its receivers, are and each of them is hereby enjoined and restrained from entering into or upon any of the streets or avenues named in the aforesaid resolution, for the purpose of constructing an elevated railway or any railway therein, and from digging up or subverting the soil. or doing any act in the streets or avenues aforesaid tending to encumber them or any part thereof, or to prevent the free and common use thereof, as the same have been heretofore enjoyed, until the further order of this court. [Authentication as in Form 108, p. 265 of this volume. ]
If a court order take a certified copy for serrice.]
FORM No. 543.
Injunction in aid of attachment, with order to show cause.
[Title and recitals according to the case ; see Form 538, supra.]
ORDERED, that the defendant Y. Z., his agents, attorneys, and servants, be and each of them hereby are enjoined and restrained from receiving, and the sheriff of the county of
joined and restrained from paying to them or any of them any of the proceeds of the sales of the property of said Y. Z., in satisfaction in whole or in part of the executions issued upon the judgments in favor of said [naming them], and let the said [names). show cause before this court at a Special Term to be held in
at o'clock in the noon, or as soon thereafter as counsel can be heard, why said injunction should not be continued, and why the proceeds aforesaid, otherwise applicable to the payment of said executions, should not be held by said sheriff until the final determination of this action. [Service of this order to show cause, and the papers upon which the same is granted, on or before the day of
, shall be sufficient notice.] [Authentication as in Form 108, p. 265 of this volume.]
[If a court order take a certified copy for service.]
FORM No. 544. Injunction against summary proceedings to dispossess; with order to show
cause. [As in Form 538 to the *, continuing:] and the plaintiff having given the undertaking required by law; now, on motion of A. T. for plaintiff,
ORDERED, that the defendants, and each of them, and their and each of their agents, attorneys, solicitors, and deputies, and each and every other person or persons, on their behalf, or on behalf of any of such defendants, are hereby enjoined, restrained and forbidden until the hearing and decision of this application, from in anywise interfering with the peaceable use and enjoyment by plaintiff of the store, cellar and first loft of the dwelling and premises known by the street number as No.
street in , and from dispossessing or evicting him therefrom [not to exceed twenty days from date],99 and until the further order of this court in the premises; this preliminary injunction is granted and obtained on the ground that the Municipal] Court in the [city of New York, for the Borough of Manhattan, Third District] of which the defendant G. W. P. is justice,' had no jurisdiction, nor had said [defendant] G. W. P., as justice or otherwise, juris liction (etc., etc., or other sufficient ground.?]
99 See Stay of Proceedings, p. 412, N. Y. 227; N. Y. Code Civ. Pro., supra.
$ 2265; Jessurun v. Mackie, 24 Hun, 1 See, as to impropriety of enjoin. 624; Knox r. McDonald, 25 id. 268; ing the court, pp. 822, 827; and Tyler Matter of White, 12 Abb. N. C. 348; v. Hamersley, 44 Conn. 419.
London v. Board of Supervisors, 24 2 Compare Sherman v. Wright, 49 Hun, 75; Armstrong v. Cummings,
And let the defendants or their attorneys show cause before this court at a Special Term thereof to be held on the day of 19 at
o'clock in the noon of that day, or as soon thereafter as counsel can be heard, why this injunction should not be continued during the pendency of this action, and why plaintiff should not have such other and further relief as may be just; service of this order and the papers on which it is granted, on [this day] shall be sufficient. [Authentication as in Form 108, p. 265 of this volume.)
[If a court order take certified copies for service. ]
FORM No. 545. Injunction in action of interpleader, with order to show cause.3 [Name of] Court (or if a court order]
At a Special Term [etc., as in Form
No. 94, p. 255 of this volume.] [Title of action.]
It appearing satisfactorily to me [or, to this court), by the verified complaint of A, B., verified 19 , and the annexed affidavits of M. N. and 0. P., verified [the same day], that the plaintiff is in possession of certain personal property to which he makes no claim and in which he has no interest, and that said property is claimed by both of the defendants, and that the plaintiff does not know to whom to deliver it, and has no means of ascertaining, and it appearing that the defendant, W. X., threatens to bring a replevin suit against the plaintiff; and the plaintiff having duly given an undertaking as prescribed by law: Now, on motion of D. P. H., attorney for the plaintiff,
ORDERED, that the defendants and their and each of their assigns, agents, attorneys, and servants be and each of them is enjoined and restrained until the hearing and decision upon this application, from taking any proceedings against said plaintiff in relation to the property referred to in said complaint.
And, upon service of this order and copies of the papers herein before mentioned on said defendants (three days before the return day below mentioned, let said defendants show cause before this court, at a Special Term thereof at the Court House
20 id. 313. As to avoiding the objections by bringing an action for the determination of conflicting claims when the case is within the statute (N. Y. Code Civ. Pro., $ 1638), see Stamm v. Bostwick, 30 Hun, 70.
In a doubtful case the rights of
the defendant may be protected by ordering rents to be paid into court or deposited with a trust company, as a condition of granting the injune. tion. Id. See PAYMENT INTO COUBT.
3 As to who may make this order, see notes 88 and 89 to Form 538.