People v. Mallory
New York Supreme Court
This action was commenced by the attorney-general for a perpetual injunction, restraining the defendants, Charles H. Mallory & Co., from erecting a shed over pier ISTo. 20, East river, under a permit from the Dock Department, of which the following is a copy: r Seal. LE I C. 1,360. No. 189. CITY OF NEW YORK, DEPARTMENT OF DocKs, • 346 and 348 Broadway. NiW YoRK, A~guet 19, 1873. We, the undersigned, Commissioners of the Department of Docks, hereby permit C. EL.
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This action was commenced by the attorney-general for a perpetual injunction, restraining the defendants, Charles H. Mallory & Co., from erecting a shed over pier ISTo. 20, East river, under a permit from the Dock Department, of which the following is a copy: r Seal. LE I C. 1,360. No. 189. CITY OF NEW YORK, DEPARTMENT OF DocKs, • 346 and 348 Broadway. NiW YoRK, A~guet 19, 1873. We, the undersigned, Commissioners of the Department of Docks, hereby permit C. EL. Mallory & Co., during the pleasure of the board, and in conformity with its rules and regulations, to erect on pier 20, East rimer, a…
1Opinion of the CourtBrady, J.
The injunction granted in this case was dissolved by presiding justice Ingraham, upon a construction *283of the statute passed in 1871, • by which he thought the department of docks was invested with power to permit the erection of such a structure as the defendants in this case desired to create. He concedes that prior to that statute, amending, as it did, one passed in 1870, there was no authority for such an erection, the courts having pronounced against them, and the legislature having expressly prohibited their construction.
The question presented in limine, is, therefore whether this view of…
2Cases cited5 opinions
- People v. LambierNew York Supreme Court · 1847
- Board of Commissioners of Pilots v. ClarkNew York Court of Appeals · 1865
- Sprague v. BirdsallNew York Supreme Court · 1823
- Taylor v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1867
- People v. DemingNew York Court of Common Pleas · 1857
3Cited by14 opinions
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Kingsland v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
- People v. Baltimore & Ohio R. R. Co.New York Court of Appeals · 1889
- Matter of City of New York (Pier Old No. 49)New York Court of Appeals · 1919
- Knickerbocker Ice Co. v. Forty-second Street & Grand Street Ferry RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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