Davis v. American Society for the Prevention of Cruelty to Animals
New York Court of Common Pleas
Appeal by plaintiffs from an order of this court made at special term by Judge Labrémose, dissolving a preliminary injunction that had been granted in the action by Judge Loew.
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Appeal by plaintiffs from an order of this court made at special term by Judge Labrémose, dissolving a preliminary injunction that had been granted in the action by Judge Loew. The complaint (verified January 9, 1873) alleged that the plaintiffs were engaged in the business of slaughtering hogs at an abattoir in West 39th street, N. Y., and were jointly interested therein, and had permission from the board of health of said city to carry on said business, and had complied with all the regulations and ordinances of said board and of said city,, and of the laws of this State, in regard to said…
1Opinion of the CourtLabeemoee, J.
this case an injunction is sought to be maintained against a corporation and its ministerial officers, whose rights and powers are conferred by statute. Section 26 of the Laws of 1866, chap. 682, provides “that every person who shall, by his act or neglect, maliciously kill, maim, wound, injure, torture or cruelly beat any horse, &c., or other animal, shall, upon conviction, be adjudged guilty of a misdemeanor.”
The defendant, the American Society for the Prevention of Cruelty to Animals, was incorporated by an act of the Legislature of this State, passed April 19, 1866, chap. 469, and by the…
2Cases cited2 opinions
- Catlin v. ValentineNew York Court of Chancery · 1842
- Peck v. ElderThe Superior Court of New York City · 1849
3Cited by5 opinions
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- M. Golden & Co. v. City of GuthrieSupreme Court of Oklahoma · 1895
- Poyer v. Village of Des PlainesAppellate Court of Illinois · 1886
- L'Harmonie v. FrenchNew York Supreme Court · 1887
- Barker v. SmithNew York Surrogate's Court · 1883