Citations
- 25 A.D. 161
Full opinion text
"Woodward, J.: ,
The facts on which the court acted in granting the injunction ¡showed that the defendants had secured a judgment against the plaintiff corporation by default, upon a claim for salary assigned by the ¡alleged secretary, treasurer and general manager of the plaintiff ■company to the defendant Tyroler, and ■ that the sheriff of the county of New York was about to offer the property of the plaintiff corporation for sale to satisfy the judgment. A temporary injunction was granted restraining the sheriff and others from acting upon the judgment, and this injunction was afterward made permanent during the pendency of the action. From this order ■and from an order resettling it an appeal comes to this court.
The only material question involved is whether the judgment in favor of the defendant Tyroler was procured by fraud, and whether this fact is sufficiently set forth in the papers on which the injunction was granted. It is necessary, to sustain an injunction, to show a cause