The People v. . Sturtevant
New York Court of Appeals
The1 relators, in December, 1852, as well on their own behalf as on the behalf of all other corporators and taxpayers of the city of Few-York who might be affected by the proceedings complained of, commenced an action before the . superior court against the mayor, aldermen^ and commonalty of said city.
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The1 relators, in December, 1852, as well on their own behalf as on the behalf of all other corporators and taxpayers of the city of Few-York who might be affected by the proceedings complained of, commenced an action before the . superior court against the mayor, aldermen^ and commonalty of said city. It was alleged by the plaintiffs in their. complaint, that they were inhabitants of said city, a.nd owners of real estate situated on Broadway, the principal street and thoroughfare therein. That the corporation had by law the powers of commissioners of highways, and authority to make repairs…
1Opinion of the CourtJohnson, J.
The first question to he considered is, did the injunction impose any obligation upon anybody ? The answer must depend upon the solution of the further question,' whether the superior court had jurisdiction 'of the action in which lit was ordered to be issued; because the principle is of uni- ' versal force, that the order or judgment of a court having jurisdiction is to be obeyed, no matter how clearly it may be erroneous. The method of correcting error is by appeal, and not by disobedience. A party proceeded against for disobedience to an order or judgment, is never allowed to allege as a…
2Cases cited5 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Sullivan v. Judah & WeedNew York Court of Chancery · 1834
- People ex rel. Morrison v. BrowerNew York Court of Chancery · 1834
3Cited by101 opinions
- People v. EvansNew York Court of Appeals · 2000
- People v. . O'BrienNew York Court of Appeals · 1888
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Gary McDougald Cross-Appellant v. Vivian L. Jenson, Cross-Appellee, Clarence Ehli, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1986
- Malone v. MeresSupreme Court of Florida · 1926
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