Coykendall v. Hood
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stephen D. Hood, as chief of police -of the city of Kingston, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Ulster on the 15th day of September, 1898, granting an injunction pendente lite restraining the ' said • defendant, his subordinates, agents and servants, from in any manner interfering with the merry-go-round of the plaintiff at Kingston Point.Park in the…
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Appeal by the defendant, Stephen D. Hood, as chief of police -of the city of Kingston, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Ulster on the 15th day of September, 1898, granting an injunction pendente lite restraining the ' said • defendant, his subordinates, agents and servants, from in any manner interfering with the merry-go-round of the plaintiff at Kingston Point.Park in the city of Kingston, New York, and from attempting to enforce an ordinance of said city prescribing a license fee for…
1Opinion of the Court
Herrick, J.:.The statute under which the ordinance was passed, as well as the., ordinance itself, made its violation a crime. The same statute also provides as follows : “ Any city officer or other person may, and the chief of police, and every'policeman and every police officer of the city shall, with or without process arrest, detain and take before the. recorder o'f said city every person committing a violation of any ordinance of - the common .council when the offense is committed in his presence.” (Laws.of 1896, chap. 747, § 52.)
This injunction prevents obedience to- that statute; it…
2Cases cited7 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- West v. Mayor of New-YorkNew York Court of Chancery · 1844
- Wood v. City of BrooklynNew York Supreme Court · 1852
- Wallack v. Society for Reformation of Juvenile DelinquentsNew York Court of Appeals · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Lynchburg v. PetersSupreme Court of Virginia · 1926
- Kienle v. Fred Gretsch Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Moore v. OwenNew York Supreme Court · 1908
- United Traction Co. v. City of WatervlietCity of New York Municipal Court · 1901
- Alexander v. EnrightAppellate Division of the Supreme Court of the State of New York · 1924
4 more not listed; retrieve them via the Exa API.