Wood v. Draper
New York Supreme Court
Motion to continue a preliminary injunction. This action was brought by Fernando Wood, as a tax-payer in the city of New York and a corporator thereof, against Simeon Draper, James Bowen, James W. Nye, Jacob Cholwell, and James S. T. Stranahan, who had been appointed police commissioners under the Metropolitan Police Act, passed April 8, 1857. The plaintiff was mayor of the city of New York; and so was, by the provisions of the act, ex officio member of the board of…
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Motion to continue a preliminary injunction. This action was brought by Fernando Wood, as a tax-payer in the city of New York and a corporator thereof, against Simeon Draper, James Bowen, James W. Nye, Jacob Cholwell, and James S. T. Stranahan, who had been appointed police commissioners under the Metropolitan Police Act, passed April 8, 1857. The plaintiff was mayor of the city of New York; and so was, by the provisions of the act, ex officio member of the board of commissioners created thereby. The grounds of the action are fully stated in the opinion. A preliminary injunction having been…
1Opinion of the CourtDavies, J.
—This motion has been argued with an ability commensurate with its importance, and with the high standing at the bar of the distinguished counsel employed in the cause.
The plaintiff files his complaint in this cause, alleging therein that he is a tax-payer in the city of New York, and one of the *323corporators thereof; and prays that the defendants may be restrained from the execution of a statute which he alleges to he unconstitutional and void.
The relief demanded in the complaint, which it is competent for this court to grant in a proper case, is a perpetual injunction, restraining the…
2Cases cited8 opinions
- Dodge v. WoolseySupreme Court of the United States · 1856
- Milhau v. SharpNew York Supreme Court · 1853
- Christopher & Tilton v. MayorNew York Supreme Court · 1852
- Forsyth v. United StatesSupreme Court of the United States · 1850
- De Baun v. MayorNew York Supreme Court · 1853
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3Cited by8 opinions
- Blessing v. City of GalvestonTexas Supreme Court · 1874
- Keese v. City of DenverSupreme Court of Colorado · 1887
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
- Ranney v. BaderSupreme Court of Missouri · 1878
- Blanton v. Southern Fertilizing Co.Supreme Court of Virginia · 1883
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