
    CONSOLIDATED RETAIL BOOKSELLERS v. WARD et al.
    (Circuit Court, S. D. New York.
    April 25, 1904.)
    1. Pbelihinaby Injunction — Time of Application fob.
    Unless under special circumstances, a motion for preliminary Injunction will not be entertained when complainant has completed testimony for final hearing, leaving defendant to oppose by affidavits only.
    In Equity. On motion for preliminary injunction.
    George E. Morse, for the motion.
    Dittenhoefer, Gerber & James, opposed.
   EACOMBE, Circuit Judge.

The practice of moving for preliminary injunction when complainant has completed testimony for final hearing, leaving defendant to oppose the motion by affidavits only, should not be encouraged. When defendant’s proofs also are complete, application should be on interlocutory hearing, not by motion, so that each side may have equal opportunity to appeal.

Motion denied.  