Landon v. Board of Supervisors
New York Supreme Court
Appeal from an order made at Special Term continuing a temporary injunction granted herein. The action was brought to restrain the defendants, The Board of Supervisors of the County of Schenectady and one of the committees thereof, from taking possession of a certain piece of ground belonging to the county, of which the plaintiff claimed to be the lessee.
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Appeal from an order made at Special Term continuing a temporary injunction granted herein. The action was brought to restrain the defendants, The Board of Supervisors of the County of Schenectady and one of the committees thereof, from taking possession of a certain piece of ground belonging to the county, of which the plaintiff claimed to be the lessee. The ground was leased by the board, in 1869, to one Wingate, who erected certain buildings thereon upon the agreement that he should be allowed to remove the same upon the termination of his lease. In December, 1871, Wingate sold and…
1Opinion of the Court
Learned, P. J.:
The first question is, whether the court has power in any case to enjoin these proceedings. (2 R. S., 516, § 47.)
I think it has. The language in Sherman v. Wright (49 N. Y., *77232) implies that there are such eases. This is held in Capet v. Parker (3 Sandf., 662); Forrester v. Wilson (1 Duer, 624), and in some other cases. In many of the cases cited by the defendants the power was admitted but its exercise refused. Such is Springsteen v. Powers (3 Rob., 483). Sections 2265, subdivision 2, and 3347, subdivision 11, new Code, seem to indicate that the court has such power in a proper…
2Cases cited4 opinions
- Bell v. . DixNew York Court of Appeals · 1872
- Capet v. ParkerThe Superior Court of New York City · 1850
- Brooks v. GalsterNew York Supreme Court · 1868
- Springsteen v. PowersThe Superior Court of New York City · 1865