Davis v. American Society for Prevention of Cruelty to Animals
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city of Mew York, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion. Public officers may be restrained by injunction from the violation of law to the injury of individual rights.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city of Mew York, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion. Public officers may be restrained by injunction from the violation of law to the injury of individual rights. (2 Daniels’ Ch. Pr. [Perkins’ ed.], 1631; People v. Canal B’d., 5 N. Y., 393; Woods v. City of Brooklyn, 14 Barb., 425, 433; Drewery on Injunctions, 183; Hanson v. Gardiner, 7 Ves., 308; Mitchell…
1Opinion of the CourtEarl, J.
The plaintiffs allege in their complaint that in January, 1873, they were engaged extensively in the business of slaughtering hogs, in the city of How York; and they describe the manner in which they conducted their business, claiming that they slaughtered the hogs by the most approved,
- expeditious, humane and painless methods ; and they allege that the defendant Bergh, the president of the defendant, The American Society for the Prevention of Cruelty to Animals, came to their place of business, and announced to them and their employes that they must discontinue slaughtering hogs by the…
2Cases cited4 opinions
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- Burns v. . ErbenNew York Court of Appeals · 1869
- Wood v. City of BrooklynNew York Supreme Court · 1852
- Farrell v. WarrenNew York Supreme Court · 1829
3Cited by90 opinions
- Atwater v. City of Lago VistaSupreme Court of the United States · 2001
- In Re SawyerSupreme Court of the United States · 1888
- City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
- Nicchia v. New YorkSupreme Court of the United States · 1920
- Delaney v. . FloodNew York Court of Appeals · 1906
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