People v. Albany & Vermont Railroad
New York Supreme Court
Motion to punish for contempt. In this action, which was brought to restrain the defendants from abandoning a part of their railroad, an injunction was obtained by the plaintiffs, forbidding defendants and their agents from taking up or removing their road, or selling or disposing of the iron forming the track thereof, or any part thereof, except such as were unlit for use, and necessarily removed in repairs.
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Motion to punish for contempt. In this action, which was brought to restrain the defendants from abandoning a part of their railroad, an injunction was obtained by the plaintiffs, forbidding defendants and their agents from taking up or removing their road, or selling or disposing of the iron forming the track thereof, or any part thereof, except such as were unlit for use, and necessarily removed in repairs. The decision, of the- court in granting the injunction is reported 11 Ante, 136. The plaintiffs now moved, on affidavits that a part of the track had been taken up, for an order…
1Opinion of the CourtHogeboom, J.
—The proceeding by injunction is an important branch of the remedial power of this court. It operates with great and salutary effect to prevent many public and private injuries, for which no other equally effective and comprehensive remedy exists.
To render it of any avail, it must of course be capable of being enforced. And it would be a matter of serious regret, if, in all cases where the power to issue the process of injunction exists, the power of compelling obedience to it did not also exist. I cannot believe there is such a solecism in the law. If there is, it deserves immediate…
2Cases cited4 opinions
- Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
- Burgess v. SmithNew York Court of Chancery · 1847
- People ex rel. Lovett v. RogersNew York Court of Chancery · 1830
- Barnard v. DarlingNew York Court of Chancery · 1845
3Cited by6 opinions
- Golden Gate Consolidated Hydraulic Mining Co. v. Superior CourtCalifornia Supreme Court · 1884
- T. B.R.R. Co. v. . B., H.T. W. Ry. Co.New York Court of Appeals · 1881
- Troy & Boston Railroad Co. v. Boston, Hoosac Tunnel & Western RailwayNew York Court of Appeals · 1881
- Fiedler v. Bambrick Bros. ConstructionMissouri Court of Appeals · 1912
- Continental Mortgage Guarantee Co. v. Whitecourt Construction Corp.New York Supreme Court · 1937
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