Hart v. Mayor of Albany
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. The appellants filed a bill in chancery against the mayor, aldermen and commonalty of the city of Albany, stating in substance that they were merchants residing in the city of New-York, engaged in the transportation of goods and merchandize on the Hudson river from New-York to Albany by means of steam and tow boats-, and in the conveyance of produce to market by the same channel and means of conveyance; that for the purpose of carrying on their business…
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Appeal from chancery. The appellants filed a bill in chancery against the mayor, aldermen and commonalty of the city of Albany, stating in substance that they were merchants residing in the city of New-York, engaged in the transportation of goods and merchandize on the Hudson river from New-York to Albany by means of steam and tow boats-, and in the conveyance of produce to market by the same channel and means of conveyance; that for the purpose of carrying on their business advantageously, they rented two lots with stores on them, and two vacant lots adjoining, making in the whole 110 feet…
1Opinion of the Court
The following opinions were delivered:
By Mr. Justice Sutherland.
The chancellor ordered the injunction in this case to be dissolved, principally upon the ground that the threatened interference of the defendants with the complainants’ property, if carried into effect, would if illegal be a mere trespass, for which the complainants would have an ample remedy at law, and that it was not the course of the court in such cases to grant an injunction before the complainants’ right was established at law, unless it was free from all doubt, or unless, from the nature of the case, the injury would be…
2Cases cited5 opinions
- Martin v. MottSupreme Court of the United States · 1827
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Dunham v. Trustees of RochesterNew York Supreme Court · 1826
- Stuyvesant v. SameNew York Supreme Court · 1827
- Barker v. JacksonU.S. Circuit Court for New York · 1826
3Cited by91 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Lawton v. . SteeleNew York Court of Appeals · 1890
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Baumgartner v. HastyIndiana Supreme Court · 1885
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