The New York Practice: A Treatise Upon Practice and Pleadings in Actions and Special Proceedings in the Courts of Record of the State of New York / By Joel Tiffany and Henry Smith. Volume 1 of 2
The New York Practice: A Treatise Upon Practice and Pleadings in Actions and Special Proceedings in the Courts of Record of the State of New York / By Joel Tiffany and Henry Smith. Volume 1 of 2
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ...Parker V. Williams, 4 Paige, 439. ' Osborn v. Tenant, 14 Ves., 136. ' People v. Slurtevant, 9 N. Y., 266; 1 Duer, 451; Sullivan v. Judah, 4 Paige, 446. " Eddy v. Hauleti, 2 Code Rep, '16. service of the order and affidavits is to give the 'defendant notice of the injunction and of that from the doing ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ...Parker V. Williams, 4 Paige, 439. ' Osborn v. Tenant, 14 Ves., 136. ' People v. Slurtevant, 9 N. Y., 266; 1 Duer, 451; Sullivan v. Judah, 4 Paige, 446. " Eddy v. Hauleti, 2 Code Rep, '16. service of the order and affidavits is to give the 'defendant notice of the injunction and of that from the doing of which they are enjoined. So where there has been a bona fido attempt at service, and the defendant has actual knowledge or notice of the injunction, he is bound to obey although the service upon him is insufficient.' Even actual knowledge or information of an injunction binds a party to obedience until the plaintiff has had a reasonable time to serve him therewith.' A technical obedience is not suflicient. A party must not stand by and see it violated by others, with his connivance. A full and honest obedience is required, and evasion will not be tolerated." The party being enjoined himself, must not permit his counsel, agents and servants to violate the prohibition.' And the agents and servants of the party enjoined, having notice of the injunction, are bound to obey it, even though not named in the order.' So also, all oflicers of a corporation are bound to obey an injunction against the corporation, of which they have notice.' But the service of an injunction upon a stranger not named in the order, nor a party to the suit, does not bind him.' _ What amounts to a breach of an injunction. Any attempt at an evasion thereof, or any contrivance to nullify it, will be deemed a breach, and treated as a direct violation." But a creditor enjoined in the usual form in a creditor's suit, may commence actions for the recovery of such claims as do not pass to the receiver, as claims...
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All Editions of The New York Practice: A Treatise Upon Practice and Pleadings in Actions and Special Proceedings in the Courts of Record of the State of New York / By Joel Tiffany and Henry Smith. Volume 1 of 2