Tatem v. Gilpin

Citations

• 1 Del. Ch. 13

Syllabus

<p>Practice as to the admission of ex parte affidavits in support of the bill, upon motion for a preliminary injunction.</p> <p>Affidavits are admissible to support the bill, though it be denied by the answer, in cases where the injunction may be necessary to prevent irreparable mischief.</p> <p>An order for an injunction pendente lite cannot be appealed from, if it be such an order for an injunction as a court of equity, according to its established rules, can issue.</p> <p>An injunction must be suspensive only, and must not operate so as to alter or affect the pre-existing situation of the parties. An order for an injunction having the latter effect may be appealed from.</p> <p>After an appeal prayed and allowed in the Court of Chancery, the cause is out of the Court of Chancery, and cannot be further proceeded in until its return from the Court of Appeal.</p>