People v. Hyman
New York Supreme Court
Action by the People against David Hyman and the Empire Limestone Company. On plaintiff’s motion for judgment on the ground that the demurrer interposed by defendant Limestone was frivolous.
1Opinion of the CourtWheeler, J.
This motion is made for judgment under section 547 of the Code of Civil Procedure.
The action is brought to restrain the defendant from removing sand and gravel from the bed of the Niagara river by the use of vessels, tugs, barges, dredges, and sand suckers operated by the defendants, and to recover damages for such material charged to have been previously taken by the defendants, claimed to be the property of the state of New York.
The Limestone Company demurs to the complaint on the grounds:(1) That the court has not jurisdiction of the subject of the action.(2) That it appears upon the face…
2Cases cited4 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- Tew v. . WolfsohnNew York Court of Appeals · 1903
- People Ex Rel. Stebbins v. . PurdyNew York Court of Appeals · 1911
3Cited by2 opinions
- State Ex Rel. Rice v. StewartMississippi Supreme Court · 1938
- State v. Atlantic Richfield Co.Vermont Superior Court · 2018