Coykendall v. Hood
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Ulster county. Action by Samuel D. Coykendall against Stephen D. Hood, as chief of police of the city of Kingston. From an order granting an injunction, defendant appeals.
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Appeal from special term, Ulster county. Action by Samuel D. Coykendall against Stephen D. Hood, as chief of police of the city of Kingston. From an order granting an injunction, defendant appeals. The plaintiff, being the owner of a tract of land in the city of Kingston, which adjoins the dock where boats plying upon the Hudson river landed daily, made improvements thereon, erected a pavilion with benches and seats, laid out walks, flower beds, drives, etc., with summer houses; lighting the grounds with electricity. Among other means of attracting and pleasing his. guests, he constructed a…
1Opinion of the CourtHerrick, J.
The statute under which the ordinance was passed,, as well as the ordinance itself, made its violation a crime. The same statute also provides as follows:
“Any city officer or other person may, and the chief of police and every policeman and every police officer of the city shall, with or without process, arrest, detain, and take before the recorder of said city every person committing a violation of any ordinance of the common council when the offense is committed in his presence.” Laws 1896, c. 747, § 52.
This injunction prevents obedience to that statute. It restrains and enjoins the…
2Cases cited7 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- West v. Mayor of New-YorkNew York Court of Chancery · 1844
- Wood v. City of BrooklynNew York Supreme Court · 1852
- Wallack v. Society for Reformation of Juvenile DelinquentsNew York Court of Appeals · 1876
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3Cited by3 opinions
- Sullivan v. San Francisco Gas Etc. Co.California Supreme Court · 1905
- Rawls v. City of MiamiSupreme Court of Florida · 1921
- Municipal Telegraph Co. v. McCrearyNew York Supreme Court · 1902