Mayor, Etc. v. . Eden Musee American Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 21, 1886, which affirmed an order of Special Term restraining the defendant 'pendente lite from keeping open the place of entertainment in the-city of Hew York known as the “ Eden Musée,” and from giving musical entertainments such as had been given therein, until a license shall be obtained therefor as provided by the Consolidation Act.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 21, 1886, which affirmed an order of Special Term restraining the defendant 'pendente lite from keeping open the place of entertainment in the-city of Hew York known as the “ Eden Musée,” and from giving musical entertainments such as had been given therein, until a license shall be obtained therefor as provided by the Consolidation Act. The nature of the entertainments given are stated in the opinion. The musical performances in question did not constitute “ entertainments of the stage.”…
1Opinion of the CourtFinch, J.
The Consolidation Act of 1882, as amended in 1885, under the head of “ Amusements,” contains provisions for their license and regulation. Section 1998 enacts that “ it shall not be lawful to exhibit to the public, in any building, garden or grounds, concert-room or other place or room within the city, any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy or dancing, or any other entertainment of the stage, or any part or parts therein, or any equestrian, circus or dramatic performance, or any performance of jugglers or rope dancing or acrobats, until a license for the place…
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