Moore v. Owen
New York Supreme Court
Motion by plaintiff for an injunction pendente lite to restrain the defendants, as the chief executive officers of the police department of the city of Rochester, from closing or attempting to close the theater of the plaintiff known as the Cook Opera House on any Sunday evening, and from interfering with the plaintiff’s presenting in said theater on Sunday exhibitions of moving pictures, with or without oral lectures connected therewith, stereopticon pictures with songs,…
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Motion by plaintiff for an injunction pendente lite to restrain the defendants, as the chief executive officers of the police department of the city of Rochester, from closing or attempting to close the theater of the plaintiff known as the Cook Opera House on any Sunday evening, and from interfering with the plaintiff’s presenting in said theater on Sunday exhibitions of moving pictures, with or without oral lectures connected therewith, stereopticon pictures with songs, sacred and secular, explanatory thereof, and descriptive instrumental music to accompany said moving pictures and songs.
1Opinion of the CourtFoote, J.
The plaintiff is the proprietor of the theater located in the city of Rochester known as the Cook Opera House. He is engaged in the business of furnishing entertainment for his patrons, and claims the right to continue that business on Sunday, provided the nature of the performance or entertainment is not prohibited by name in section 277 of the Penal Code.
That section is as follows: “ The performance of any tragedy, comedy, opera, ballet, farce, negro minstrelsy, negro or other dancing, wrestling, boxing with or without gloves, sparring contest, trial of strength, or any part or parts *334therein…
2Cases cited7 opinions
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- Lindenmuller v. PeopleNew York Supreme Court · 1861
- Neuendorff v. . DuryeaNew York Court of Appeals · 1877
- Palmer v. MayorThe Superior Court of New York City · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Ex Parte LingenfelterCourt of Criminal Appeals of Texas · 1911
- State v. PennyMontana Supreme Court · 1910
- Hamlin v. BenderNew York Supreme Court · 1915
- People ex rel. Bender v. JoyceAppellate Division of the Supreme Court of the State of New York · 1916
5 more not listed; retrieve them via the Exa API.