Municipal Telegraph Co. v. McCreary
New York Supreme Court
Application by the Municipal Telegraph Company for an injunction pendente lite to restrain Edward McCreary, the sheriff of Albany county, from interfering with plaintiff’s business. Denied.
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Application by the Municipal Telegraph Company for an injunction pendente lite to restrain Edward McCreary, the sheriff of Albany county, from interfering with plaintiff’s business. Denied. The defendant, as sheriff, with a number of deputies, closed plaintiff’s place of business because of an alleged violation at and prior to the time of such closing of section 351 of the Penal Code in receiving or purporting to receive money to be bet and wagered upon horse races then in progress at Morris Park, known as the “Brooklyn Handicap” and other races; such action on the part of the sheriff being…
1Opinion of the CourtCochrane, J.
The defendant, who is a peace officer of the county of Albany, contends that section 351 of the Penal Code was being violated on the premises of the plaintiff, and that a large number of people had unlawfully assembled thereon, and that the alleged grievances of the plaintiff consisted merely in the suppression by the defendant in his* official capacity of the said alleged violation of law and in dispersing the people unlawfully assembled. Whether or not the law was being violated cannot be determined in this action. It is not the province of a court of equity to determine whether a crime has…
2Cases cited4 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- Coykendall v. HoodAppellate Division of the Supreme Court of the State of New York · 1899
- Coykendall v. HoodAppellate Division of the Supreme Court of the State of New York · 1899