Mayor of New York v. Tucker
New York Court of Common Pleas
Appeal by tbe defendant from a judgment of tbe Third District Court. Tim action was brought to recover a penalty of twenty-five d "/liars against tbe defendant, for refusing- to obey tbe order of a dock master to haul a vessel away from pier 20 and 21, East Elver, tbe defendant being master of the vessel.
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Appeal by tbe defendant from a judgment of tbe Third District Court. Tim action was brought to recover a penalty of twenty-five d "/liars against tbe defendant, for refusing- to obey tbe order of a dock master to haul a vessel away from pier 20 and 21, East Elver, tbe defendant being master of the vessel. The ordinance sued under is chap. 34, “ Of vessels, wharves, arid ships,” passed May 8, 1839. Tbe defendant set up, in answer, that be was acting under tbe orders of tbe harbor master of tbe Port of New York, duly qualified, who had jurisdiction of the subject matter; and he denied the…
1Opinion of the Court
By the Court.
Hilton, J.
This action was commenced in June, 1857, to recover a penalty of twenty-five dollars imposed by an ordinance of the plaintiffs’ upon any master of a vessel who should refuse, upon the direction of a dock master, to remove out of any of the public slips in this city. The defendant’s vessel was lying at pier 20, East river, where she had been duly stationed by the orders of one of the harbor masters of the Port of New York, ánd the order to remove therefrom appears to have been given by a policeman, named Hally, acting under the directions of a captain of the police…
2Cases cited2 opinions
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by6 opinions
- Foot v. . StilesNew York Court of Appeals · 1874
- Palmer v. FoleyThe Superior Court of New York City · 1873
- Palmer v. FoleyThe Superior Court of New York City · 1873
- Seneca Nation of Indians v. JohnNew York Supreme Court · 1891
- People v. LaneNew York Supreme Court · 1883
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