Chatterton v. Kreitler

2 Abb. N. Cas. 453 | N.Y. Sup. Ct. | 1877

Lawrence, J.

I am not prepared to hold that section 603 of the Code of Civil Procedure dispenses with the necessity of an affidavit upon an application for an injunction. If it does not, the verification of the complaint is not sufficient.

Section 603 must be read in connection with section 607 (See also Mr. Throop’s note to § 603). For this reason the motion for an injunction is denied, but, as the point is new, without costs.