o'clock A. M. of said 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 should not be continued until the final judgment in this action, upon plaintiff's delivering said property as the court shall direct; [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. 546. Injunction, ex parte, by judge or court, where the right depends on extrinsic General form, with or without order to show cause why it should facts not be continued.4 [Title of] Court [or if a court order] [Title of action.] At a Special Term [etc., as in Form day of It appearing satisfactorily to me [or, to the court], by the [complaint herein verified the 19 and the] annexed affidavits of A. B. and C. D. verified the day of 19, that the defendants during the pendency of this action are procuring or suffering to be done, or threaten, or are about to do or to procure or suffer to be done, acts in violation of the plaintiff's rights respecting the subject of this action and tending to render any judgment herein ineffectual, [specify particulars briefly, for instance, thus,] in that the plaintiff establishes an apparent right to or interest in the property of the partnership as set forth in the complaint which is in the possession of the defendants to this action, and that there is danger that a portion of the same will be removed beyond the jurisdiction of the court, or lost [or substitute or add, that the defendant during the pendency of the action threatens or is about to remove or to dispose of his property with intent to defraud the plaintiff]. [Continue as in Form 538, from the *.] 4 As to who may make the order, see notes 88 and 89 to Form 538. FCRM No. 547. Another form; injunction against disposing of property to defraud plaintiffs (in divorce). [Name of] Court [or if a court order] [Title of action.] At a special term [etc., as in Form No. 94, p. 255 of this volume.] It appearing satisfactorily to me [or, to this court], by the [complaint herein verified the , 19 and the] day of 19 day of annexed affidavit of A. B., verified the that sufficient ground exists, to wit, briefly stated; that defendant has been conveying, and is about to convey away, lease, or otherwise dispose of his property in fraud of the rights and ful! claims and demands of the plaintiff, and in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment she may obtain herein ineffectual; and the defendant is about to dispose of his property with intent to defraud plaintiff; and that it appears from the complaint that the defendant has done, and committed, and is about to commit and continue his acts in relation to disposing of his property without adequately providing for her support and that of his child, during the pendency of this action, and thereafter to the injury of this plaintiff: Now, on motion of A. T., attorney for plaintiff, ORDERED, that the defendant, J. G., his agents, attorneys, and servants, refrain from, and he and they are, and each of them is, hereby enjoined and restrained from conveying, transferring, encumbering, or otherwise disposing of any real or personal property standing in his name or owned by him, wheresoever situ ated [and he is likewise hereby restrained from interfering with this plaintiff in her peaceably occupying the house and premises No. street, where she now resides, and of keeping 5 According to Reubens v. Joel, 13 N. Y. 488, such an injunction might be had in an action by a simple contract creditor, against a threatened future fraudulent disposal of property by the debtor. The same facts are also a ground for arrest and for attachment in certain actions. As to who may make the order, see notes 88 and 89 to Form 538. 6 In Rossman v. Rossman (Mich., 1886), 29 N. W. Rep. 33, Morse, J., in a dissenting opinion, says: "It is intimated by Mr. Justice Sherwood, in his opinion in Froman r. Froman, 53 Mich. 584; s. c., 19 N. W. Rep. 193, that the injunction in a case like this does not stand in the way of the defendant's raising money by mortgage, if it is for the purpose of paying alimony. I cannot agree with him in such opinion." The injunction in that case had been modified so as to enable defendant to sell for the purpose of raising money to pay plaintiff's alimony. and using as her own the furniture therein; and is enjoined against removing the same, or any portion therefrom], until the further order of this court. [Add order to show cause as in the Forms immediately preced ing.] [Authentication as in Form 108, p. 265 of this volume.] [If a court order take certified copies for service.] FORM No. 548. Another form against sheriff's interference with receiver.7 [Title of action.] At a Special Term [etc., as in Form A petition having been filed in this court by J. F. A., the receiver in this action, asking for an order therein, restraining M. N., the sheriff of the county of , his deputies, agents, etc., from making any sale of certain property, viz.: being [62 boxes of electrotype and stereotype plates] upon which he claimed to have levied by virtue of an execution in favor of [J. J. L. & Co., against one J. M.], and also for an order that J. J. L. and W. J. D., copartners in business under the firm name of J. J. L. & Co., deliver up to the petitioner the stereotype and electrotype plates so levied on, etc.; and an order to show cause having been made by Mr. Justice J. K. on the 19 in this action, and returnable on the 19 , at a Special Term of this court, and the same having been duly adjourned to this day, by consent, and the same coming on this day to be heard: Now, on reading and filing said petition, and the affidavits of half of J. L. & Co., and county of and on hearing the receiver, and day of day of on be on behalf of J. Esq., on behalf of the sheriff of the , no sufficient cause to the contrary being shown; ORDERED, that M. N., the said sheriff of the county of and his deputies, agents, and servants, be enjoined and restrained from making any and all sales of the property, viz. [62 boxes of electrotype and stereotype plates which were formerly the property of J. M., and any and all property levied upon by him as alleged upon an execution in favor of J. J. L. and W. J. D. against J. M., and also from in any way interfering therewith, and that the sheriff deliver up possession forthwith of such property aforesaid as may be in his possession and control to said receiver.] 7 May be granted by judge or court. See, as to power of court to control its officers. Woerishoeffer v. North River Const. Co., 99 N. Y. 398. And it is further ordered, that the said sheriff withdraw all levy from any property passing to the receiver. [Authentication as in Form 108, p. 265 of this volume.] [If a court order take certified copies for service.] FORM No. 549. Condition as to further security,s and speeding appeal. This order is granted on condition [state explicitly:] (1) That the plaintiff execute and file, at the time of entering this order. an undertaking in the sum of dollars, with one or more sureties, to the effect that the plaintiff will pay to the defendants so enjoined such damages, not exceeding the said sum of dollars, as they may sustain by reason of the injunction, if the court finally decides that the plaintiff was not entitled thereto, such undertaking to be without prejudice to an application on the part of the defendants to increase the said security still further in the event that the court of affirm the decree of the surrogate of the county of , made on the day of 19, as in the matter of the estate of A. H., deceased, and an appeal is taken from said order of affirmance to the Court of Appeals. (2) That the plaintiff shall be prepared on his part to argue any appeal from this order at the next term of the Appellate Division of this court, and shall accept days' notice of argu ment. If the undertaking above required be not given, approved and filed within days, the said motion is hereby thereupon denied, and said motion to continue the temporary injunction shall thereupon be denied. FORM No. 550. Order denying motion to continue injunction and vacating temporary order. At a Special Term, [Part 1], of the Supreme Court of the State of New York, held in and for the County of New York, at the Court House, in the County of New York, on the Present: Hon. [Title.] day of Justice. the A motion having duly come on to be heard before this court on upon an order to show cause 8 See p. 230, supra, and Newton v. Russell, 87 N. Y. 527, modifying 24 dated day 19 obtained by the plaintiff herein upon the affidavits of [M. H. and J. D.], all duly verified on the of 19, and the complaint of the plaintiff annexed thereto, for an order continuing the injunction contained in the said order to show cause pending this action, and restraining and enjoining the defendant [association, its officers, agents, members, representatives and servants from conspiring to do and to procure or to suffer to be done acts in violation of the plaintiff's rights; and from in any manner interfering with the objects of the plaintiff and the business of its members by resorting to any species of threats, intimidation, force or fraud upon the plaintiff or its members, or upon any employee or customer of any member of the plaintiff;] and after reading and filing the said complaint of the plaintiff herein, together with the said affidavits and order to show cause, and the affidavits of [J. Q. and P. C.], duly verified on the day of 19 and after hearing C. C. A., of counsel for the plaintiff, in support of said motion, and J. I. G., of counsel for the defendant, in opposition thereto. Now, on Motion of J. I. G., of counsel for the defendant, it is ORDERED, that the said motion be, and the same is hereby in all respects denied; and it is further ORDERED, that the temporary injunction contained in the said order to show cause dated January 19 , be, and the same is hereby in all respects vacated, dissolved and annulled; and it is further ORDERED, that the defendant have ten dollars ($10) costs of this motion to abide the event. FORM No. 551. Injunction, after cortested motion, on notice, or order to show cause. [Title of action.] [As in preceding Form.] At a Special Term [etc., as in Form ORDERED, that said motion be and the same is hereby granted, and that during the pendency of this action the defendants [names] and each of them, and their and each of their agents, attorneys, and servants [and officers or, deputies], be and they hereby are and each of them is enjoined and prohibited from [continuing as in other Forms]. [Authentication as in Form 108, p. 265 of this volume.] [If a court order take certified copies for service.] |