Abraham v. Meyers
New York Supreme Court
Motion for an injunction pending an action. Action by Phillip Abraham, a taxpayer, against Theodore W. Myers, as Comptroller of New York City, the Mayor, etc., of said city, and the Houston, West Street and Pavonia Ferry Railroad Company, to enjoin a sale of a street railway franchise. The Houston, West Street, etc. R. R. Co. presented . an application to the common council of New York City to extend its line along Lexington avenue in said city.
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Motion for an injunction pending an action. Action by Phillip Abraham, a taxpayer, against Theodore W. Myers, as Comptroller of New York City, the Mayor, etc., of said city, and the Houston, West Street and Pavonia Ferry Railroad Company, to enjoin a sale of a street railway franchise. The Houston, West Street, etc. R. R. Co. presented . an application to the common council of New York City to extend its line along Lexington avenue in said city. After the publication of a notice when such application would be considered, a resolution granting consent was passed by the aldermen and was…
1Opinion of the CourtBarrett, J.
An injunction pendente lite should only *388be granted in a case like the present, where the plaintiff clearly shows that the official action complained of was illegal.
Great injury would here result to the defendant corporation from the granting of such an injunction, while no irreparable injury would result to the plaintiff, or the tax-payers generally, from its refusal. The injunction sought pendente lite is precisely the same as the injunction prayed for in the complaint. The plaintiff thus asks us on motion to give him the equivalent of final judgment upon a trial of the action. It is plain…
2Cases cited4 opinions
- The People Ex Rel. Negus v. . DwyerNew York Court of Appeals · 1882
- Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
- Wood v. City of BrooklynNew York Supreme Court · 1852
- Negus v. City of BrooklynNew York Supreme Court · 1881
3Cited by5 opinions
- Sammons v. City of GloversvilleNew York Supreme Court · 1901
- Beekman v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Russell Sage College v. City of TroyNew York Supreme Court · 1960
- Stockton v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1905
- Ghee v. Northern Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1898