Hart v. Mayor of Albany
New York Court of Chancery
From the decision of this court dissolving the injunction in this cause, (ante, p. 213,) the complainants appealed to the court for the correction of errors. The defendants, pending the appeal, were proceeding to carry into effect the ordinance of the corporation, by removing from the basin the ark, or floating store house, referred to in the bill. To effect this object it would be necessary to destroy the store house by taking it to pieces.
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From the decision of this court dissolving the injunction in this cause, (ante, p. 213,) the complainants appealed to the court for the correction of errors. The defendants, pending the appeal, were proceeding to carry into effect the ordinance of the corporation, by removing from the basin the ark, or floating store house, referred to in the bill. To effect this object it would be necessary to destroy the store house by taking it to pieces. The complainants presented a petition to the chancellor, stating these facts; and also stating that the appeal was brought in good faith, for the purpose…
1Opinion of the Court
The Chancellor,
It is supposed by the complainants’ counsel that the appeal from an order dissolving an injunction has, under the provisions of the revised statutes, the effect of nullifying the order pending the appeal, so as to prevent the dissolution of the injunction, and to deprive the defendants of the right to go on with their proceedings under the law of the corporation, or to do any act contrary to the prohibition contained in the injunction. But if they should be wrong in their construction of the statute, the complainants then ask the court to exercise a judicial discretion, under…
2Cases cited1 opinion
- Hoyt v. GelstonNew York Supreme Court · 1816
3Cited by31 opinions
- Hovey v. McDonaldSupreme Court of the United States · 1883
- BUTCHERS'BENEVOLENT ASSOCIATION v. Crescent City Live-Stock Landing and Slaughter-House Co.Supreme Court of the United States · 1870
- Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co.Court of Appeals for the Sixth Circuit · 1896
- Hicks v. MichaelCalifornia Supreme Court · 1860
- State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
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