Buffalo Gravel Corp. v. Moore
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Guy B. Moore, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 17th day of February, 1922, overruling defendant’s demurrer to the complaint.
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Appeal by the defendant, Guy B. Moore, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 17th day of February, 1922, overruling defendant’s demurrer to the complaint. The order overruled the demurrer of the defendant to the complaint, and ordered final judgment for the relief demanded in the complaint, to wit, that the defendant, the district attorney for Erie county, be restrained from proceeding against the plaintiffs under an indictment duly found against them by a grand jury of Erie county, unless the…
1Opinion of the Court
Hubbs, J.:
The respondents, who were engaged in the sand and gravel business in the city of Buffalo, were indicted by the grand jury of Erie county for violating the provisions of sections 340 and 341 of the General Business Law (Consol. Laws, chap. 20; Laws of 1909, chap. 25), known as the Donnelly Anti-Trust Act. After such indictment, they commenced an action in equity against the district attorney of Erie county to enjoin him from prosecuting them under said indictment. The complaint alleges that said statute is unconstitutional and void, that the plaintiffs have no adequate remedy at law,…
2Cases cited23 opinions
- Truax v. CorriganSupreme Court of the United States · 1921
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Waters-Pierce Oil Co. v. TexasSupreme Court of the United States · 1900
- Matter of DaviesNew York Court of Appeals · 1901
- People Ex Rel. Farrington v. . MenschingNew York Court of Appeals · 1907
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Reed v. LittletonNew York Court of Appeals · 1937
- Biddles, Inc. v. EnrightNew York Court of Appeals · 1925
- Cowan v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1936
- People v. Building Maintenance Contractors' Ass'nCalifornia Supreme Court · 1953
- Lang's Creamery, Inc. v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1928
13 more not listed; retrieve them via the Exa API.