Savio v. Vieno

Abstract of the Decision. 1. Injunction, § 367*—when denial of motion to dissolve is appealable. Under section 123 of the Practice Act (J. & A. j[ 8661), an appeal lies from the denial of a motion to dissolve an injunction made either before or after answer. 2. Injunction, § 183*—when verification sufficient. The verification of an injunction bill, as well as a supplemental bill and amendments thereto, held absolute, except as to matters expressly charged on information and belief. 3. Injunction, § 165*—when preliminary injunction dissolved by amendment to bill. The filing of an amendment to an injunction bill, as well as a supplemental bill and amendments thereto, which merely make the allegations of the original bill more specific, although made without an express order that they should be without prejudice to a preliminary injunction previously granted, do not have the effect of dissolving such writ. 4. Fraternal and mutual benefit societies, § 55*—when member may enjoin disposition of property. A bill of complaint filed by a member of a local beneficiary society against the society and its officers, alleging an illegal attempt by the defendants and others to secede from the order, and that the defendants were in possession of money and property belonging to the society which they intended to turn over to a new society which they intended to join, or to convert it to their own use, held to justify the granting of a preliminary injunction until a hearing on the merits.

Appeal from the City Court of Spring Valley; the Hon. C. E. Sheldon, Judge, presiding.