People v. Mattier
New York Supreme Court
Motion to dissolve an injunction. This action was brought in the name of the People of the State of New York against Richard Mattier and others. The five defendants were, with others, elected in June, 1866, trustees of the New York State Inebriate Asylum.
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Motion to dissolve an injunction. This action was brought in the name of the People of the State of New York against Richard Mattier and others. The five defendants were, with others, elected in June, 1866, trustees of the New York State Inebriate Asylum. At a regular monthly meeting of the trustees, held in July, 1866, resolutions were adopted declaring that the five persons above named as defendants were not subscribers or stockholders of said corporation to the amount of ten dollars each, and, therefore were not eligible under the act of incorporation (Laws of 1857, 429 ; Laws of 1861,…
1Opinion of the CourtBoardman, J.
I think there can be no doubt that in actions
to oust persons exercising the duties .of public offices under a ■ claim of right, a temporary injunction restraining them from exercising the duties of the office pending the litigation will not be granted (The People ex rel. Wood v. Draper, 4 Abb. Pr., 333; Tappan v. Gray, 9 Paige, 507; affirmed, 7 Hill, 259; Howe v. Deuell, 43 Barb., 504). I have looked in vain for a single case recognizing such a right. The reasons for refusing an injunction in such cases are clear and powerful. The exercise of the duties of offices are necessities to the…
2Cases cited6 opinions
- Tappan v. GrayNew York Court of Chancery · 1842
- People ex rel. Wood v. DraperNew York Supreme Court · 1857
- Howe v. DeuelNew York Supreme Court · 1865
- Mayor of New York v. ConoverNew York Supreme Court · 1857
- Thompson v. Commissioners of the Canal FundNew York Supreme Court · 1855
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