Blaschko v. . Wurster
New York Court of Appeals
Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 28, 1897, affirming an order of Special Term continuing an injunction. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 28, 1897, affirming an order of Special Term continuing an injunction. The nature of the action and the facts, so far as material, are stated in the opinion. The questions certified for review were as follows: “Does section 73 of chapter 378 of the Laws of 1897 (otherwise known as the Charter of the Greater Hew York), upon its approval, prevent the local authorities in the various municipalities which will compose said city from granting a consent to a…
1Opinion
I vote for an affirmance of the order, upon the ground that, independently of the charter of Greater New York, the complaint and proceedings in this action were sufficient to justify the court below in granting the order appealed from. But, as the questions certified, if decided in favor of the appellant, would not authorize a reversal of the order, I think they are in effect mere abstract questions which this court should decline to answer. (Grannan v. Westchester Racing Assn., 153 N.Y. 449;Baxter v. McDonnell, 154 N.Y. 432; Hearst v. Shea,156 N.Y. 169; Schenck v. Barnes, 156 N.Y. 316;…
2Cases cited5 opinions
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Grannan v. . Westchester Racing Assn.New York Court of Appeals · 1897
- Hearst v. . SheaNew York Court of Appeals · 1898