Legal Opinion

Helm v. Day

New York Supreme Court

Decided April 9, 1912Published

Action by William J. Helm against Michael J. Day, as Commissioner of Public Safety of the City of Watervliet, and the City of Watervliet. Motion by plaintiff for the continuance of a preliminary injunction restraining defendant Day from taking any further proceedings against certain police officers in respect to charges preferred against them.

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Action by William J. Helm against Michael J. Day, as Commissioner of Public Safety of the City of Watervliet, and the City of Watervliet. Motion by plaintiff for the continuance of a preliminary injunction restraining defendant Day from taking any further proceedings against certain police officers in respect to charges preferred against them. Motion denied and injunction vacated; such vacation not to be effective until the determination of plaintiff’s appeal, if any, in favor of the defendants.

1Opinion of the CourtChester, J.

The plaintiff moves for an order continuing a preliminary injunction during the pendency of the action, it being a taxpayer’s action brought under section 1925 of the Code of Civil Procedure, and section 51 of the General Municipal Law (Laws of 1909, c. 29 [Consol. Laws 1909, c. 24]), to restrain the defendant Day, as commissioner of public safety of the city of Watervliet, from proceeding with the hearing and determination of certain charges against two police officers of said city and from receiving from such city any further compensation or salary for his services as such commissioner. The…

2Cases cited5 opinions

  1. Field v. ClarkSupreme Court of the United States · 1892
  2. The People v. . DevlinNew York Court of Appeals · 1865
  3. New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
  4. Harwood v. WentworthSupreme Court of the United States · 1896
  5. Rumsey v. . N.Y. N.E.R.R. Co.New York Court of Appeals · 1891

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