Legal Opinion

People v. . Booth

New York Court of Appeals

Decided June 5, 1865PublishedCited by 48 opinions

This is an action to restrain the defendants from intermeddling with the property pertaining to the fire department of the city of New York.

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This is an action to restrain the defendants from intermeddling with the property pertaining to the fire department of the city of New York. The plaintiffs allege that said property belongs to the corporation of the city of New York, and is in the possession and control of the fire department of the city and its chief engineer; that the appellants are wrongfully seeking to obtain the possession, management and control of such property, without the consent of the corporation, or of said chief engineer, and will succeed in doing so unless restrained by injunction. The complaint prays a…

1Opinion of the CourtDavis, J.

On demurrer to an answer for insufficiency, the defendants are at liberty to attack the complaint on the ground that it does not state facts sufficient to constitute a cause of action. (8 How. 261; 12 Barb., 573; Oode, §§ 144, 148.)

The property ■ described in the complaint is alleged to belong to the city of Hew York, in its corporate capacity. The plaintiffs assert no title or interest in the property or right to its possession or control. By what right they intervene to bring this action is not apparent; and there is no principle or precedent upon which their claim to do so can be upheld.

The…

2Cases cited1 opinion

  1. Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851

3Cited by48 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
  3. People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
  4. Baxter v. . McDonnellNew York Court of Appeals · 1897
  5. People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882

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