Whitmer v. William Whitmer & Sons, Inc.

Citations

• 11 Del. Ch. 185
• 98 A. 940
• 1916 Del. Ch. LEXIS 18

Syllabus

<p>Defendant’s answer, so far as used on hearing of his motion to dissolve a restraining order issued ex parte in advance of answer, is properly construed as a mere affidavit.</p> <p>X</p> <p>Ex parte injunctive relief must be based on allegations in the bill, showing the urgency of the need for protection of the order, and the exigencies of each case must be considered, that the Chancellor be moved to exercise his discretionary power.</p> <p>Where a restraining order is issued ex parte in advance of the answer, upon filing of the answer, or at any time, defendant has the right to move to have the restraining order dissolved.</p> <p>A corporation in respect to answering a bill in equity, speaks by its corporate seal.</p> <p>Under the rules of the Court of Chancery, the answer of a corporation is complete without an affidavit; there being no rule of court providing specifically by what officer or how an affidavit shall be made in such case.</p> <p>An answer need be only a pleading, unless interrogatories be filed with it.</p> <p>The answer of a corporation, sought to be used in obtaining a dissolution of a restraining order issued ex parte, need not be verified by some person with knowledge of the facts; the volume and complexity of modern business corporations rendering the requirement impracticable.</p> <p>In a receivership suit against a corporation, where there were no direct averments of threats to sell, remove, or conceal securities owned by the company pending hearing of the rule for preliminary injunction, or of facts from which danger of disposition of the securities could be inferred, which were held in a manner practically putting the most valuable of them beyond the company’s power to dispose of, and the answer of the company denied its insolvency and the allegations respecting the value of its assets and resources, as compared with 'its liabilities, a restraining order, inhibiting disposition of the securities by the company issued ex parte prior to answ