2 Barb. Ch. 276 | New York Court of Chancery | 1847
This court has jurisdiction, and will entertain a bill of discovery in aid of the prosecution of a civfr suit, in a sister state, or in a foreign tribunal, or in a court of the United States. And if this was such a case, the bill would
Again; if this court has the power, it must be a very special case which will induce it to break over the rule of comity, and of policy, which forbids the granting of an injunction to stay the proceedings in a suit, which-has already been commenced, in a court of competent jurisdiction in a sister state. (See Mead v. Merritt & Peck, 2 Paige’s Rep. 402.) The bill also is defective as an injunction bill, because it is a mere fishing bill. For no fact is positively sworn to as being within the knowledge of the defendant, which, if proved, would defeat the defence of Allen in the replevin suit. (See Williams v. Harden, 1 Barb. Ch. Rep. 298.) An ex parte injunction, therefore, should not have been granted, upon such a bill. • ‘ •
For these reasons the order appealed from is erroneo.us, and must be reversed. And the injunction must be dissolved with costs.