Legal Opinion

Secor v. Village of Pelham Manor

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 5 opinions

Appeal by the defendants, The Village of Pelham Manor and: others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 1st day of June, 1896, continuing pendente lite an injunction theretofore granted in the action.

1Opinion of the Court

Hatch, J.:

The injunction order herein restrains the board of trustees of said village from acting upon the application of the Westchester Electric-Railroad Company for leave to lay its tracks in the village until they have published the notice required by the statute, and restrains, the said railroad company from acting upon the consent granted by said board of trustees. Upon oral argument the injunction was. sought to be sustained upon the ground that the consent which was given by the board to the railroad company was so given without the public hearing or without sufficient opportunity for…

2Cases cited2 opinions

  1. Ricketts v. Village of Hyde ParkIllinois Supreme Court · 1877
  2. Matter of Petition of Sarah E. BassfordNew York Court of Appeals · 1872

3Cited by5 opinions

  1. Loos v. City of New YorkNew York Supreme Court · 1939
  2. Merriman v. Utica Belt Line Street RailroadNew York Supreme Court · 1896
  3. Hough v. SmithNew York Supreme Court · 1902
  4. Schieffelin v. McClellanAppellate Division of the Supreme Court of the State of New York · 1909
  5. Schieffelin v. McClellanAppellate Division of the Supreme Court of the State of New York · 1909

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