Hatfield v. Straus
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Edwin F. Hatfield and others, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 10th day of December, 1906, denying the plaintiffs’ motion for-an injunction.pendente lite-and vacating a preliminary injunction theretofore granted.
1Dissent
Ingraham, J. (dissenting) :
in the prevailing opinion the reversal of this order is made to depend upon a lack.of power in the board of estimate and apportionment to grant the defendants Macy & Co. the privilege to construct this track. I" do not agree with all that is said in the pre vailing 'opinion, but I think this order should be affirmed on the ground that the plaintiffs are not in a position to enforce the rights of the public to restrain the defendants Macy & Co. from acting under *683t‘lie resolution of the board of estimate and apportionment.' It is. not alleged that the plaintiffs have…
2Cases cited5 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Fanning v. . OsborneNew York Court of Appeals · 1886
- Kellinger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Mathews v. KelseySupreme Judicial Court of Maine · 1870