Legal Opinion

Hart v. Mayor of Albany

New York Court of Chancery

Decided April 3, 1831PublishedCited by 32 opinions

The bill in this cause was filed for the purpose of restraining the corporation of Albany and their dock master, from removing from the Albany basin an ark, or floating store house, which the complainants had erected and moored therein, contrary to an ordinance of the corporation.

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The bill in this cause was filed for the purpose of restraining the corporation of Albany and their dock master, from removing from the Albany basin an ark, or floating store house, which the complainants had erected and moored therein, contrary to an ordinance of the corporation. On the filing of the bill, an ex parte order had been entered, on the certificate of an officer, for an injunction to restrain the defendants from carrying the provisions of the corporation ordinance into effect. On the coming in of the answer, a motion was made to dissolve the injunction.

1Opinion of the Court

The Chancellor.

Several important questions were argued by the counsel on this application, but the conclusion at which I have arrived will render it unnecessary for me to express any definite opinion upon some of the points raised on the argument. The complainants have an ample remedy at law against the defendants for any illegal interference with their property. And if their right is doubtful, as they have erected this floating store house, and moored it in the basin, in violation of an ordinance of the corporation, and after due notice that their claim to do so would be resisted, they are…

2Cases cited1 opinion

  1. Commonwealth v. PassmoreSupreme Court of Pennsylvania · 1814

3Cited by32 opinions

  1. Irwin v. DixionSupreme Court of the United States · 1850
  2. Smith v. McDowellIllinois Supreme Court · 1893
  3. Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
  4. Mulry v. . NortonNew York Court of Appeals · 1885
  5. Baumgartner v. HastyIndiana Supreme Court · 1885

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