Opinion
January 24, 1908.
James A. Allen, for the appellant.
J.J. Pantell, for the respondents.
Present — PATTERSON, P.J., INGRAHAM, CLARKE, HOUGHTON and SCOTT, JJ.
The injunction order appealed from must be reversed, because it grants the relief demanded in the complaint upon motion and prior to the trial of the action. It is not an injunction pendente lite, but by its terms is permanent. The court has no power to make such an order in advance of the trial.
The order appealed from is reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.