City of Utica v. Utica Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendant, the Utica Telephone Company, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Oneida on the 30th day of August, 1897, denying a motion to vacate an injunction which restrained the defendant from setting telephone poles and establishing a telephone line in the streets of the city of Utica.
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Appeal by tlie defendant, the Utica Telephone Company, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Oneida on the 30th day of August, 1897, denying a motion to vacate an injunction which restrained the defendant from setting telephone poles and establishing a telephone line in the streets of the city of Utica. The action is an equitable one and was commenced in August, 1897. The complaint alleged that the defendant, its officers, etc., had entered upon the streets, sidewalks and public places of the city of Utica…
1DissentHardin, P. J.
■ (dissenting) :
This is an appeal from an order made at the Onondaga Special Term on the 20th of August, 1897, denying the defendant’s motion to vacate the injunction granted ex parte August 5, 1897, by a justice of this court, which injunction order was in the following lan*369guage: “ Ordered, That during the pendency of this action, and until the final determination thereof, or until the further order of the court, defendant and its officers, agents and employees be and they are and each of them is hereby enjoined and restrained from erecting any poles or stringing any wires, or placing any…
2Cases cited6 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- American Rapid Telegraph Co. v. HessNew York Court of Appeals · 1891
- People Ex Rel. Western Union Telegraph Co. v. DolanNew York Court of Appeals · 1891
- Potter v. CollisAppellate Division of the Supreme Court of the State of New York · 1897
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