Melick v. Drake

Citations

• 6 Paige Ch. 470
• 1837 N.Y. LEXIS 234
• 1837 N.Y. Misc. LEXIS 39

Syllabus

<p>Where the complainant’s bill prays relief as well as discovery, the injunction master must direct the insertion of a provision, in an injunction allowed by him to stay proceedings at law, authorizing the plaintiff to proceed to trial and judgment notwithstanding such injunction, except where the only relief asked for by the complainant is such relief as will be necessary to aid the complainant in his defence to the suit in the court of law.</p> <p>An injunction allowed by the vice chancellor before whom the bill is filed, the order for which is entered on his fiat with the clerk, will be presumed to have been allowed by him in his character of judge of the court, if the injunction would have been irregular if allowed by him in the character of an injunction master merely.</p> <p>Where an injunction is allowed by the vice chancellor before whom the cause is pending, the certificate or fiat for the entry of an order for the issuing of the injunction should be drawn in such a manner as to enable the clerk to ascertain whether the order was to be entered as a special order made by the court, or as an order made upon the certificate of the vice chancellor in the character of injunction master.</p>