Legal Opinion

West v. Mayor of New-York

New York Court of Chancery

Decided January 16, 1844PublishedCited by 48 opinions

This was an application, by the defendants, for the dissolution of an injunction granted by the late injunction master of the first circuit, restraining the defendants from prosecuting suits against the complainants, or their agents, cartmen, or servants, for breaches of the corporation ordinances relative to the weighing of anthracite coal in the city of New-York.

1Opinion of the Court

The Chancellor.

The question as to the validity of the corporation ordinances does not properly belong to this court for decision ; where the complainants, as in this case, *540have a perfect defence at law if the ordinances are invalid, or if they do not render the complainants, or those in their employ, liable for the penalty. And it would be an usurpation of jurisdiction by this court if it should draw to itself the settlement of such questions when their decision was not necessary in the discharge of the legitimate duties of the court. In the case of Oakley v. The Mayor, &c. of NewYork,…

2Cited by48 opinions

  1. In Re SawyerSupreme Court of the United States · 1888
  2. The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
  3. Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
  4. Thomas v. Musical Mutual Protective UnionNew York Court of Appeals · 1890
  5. Galveston, Harrisburg & San Antonio Railway Co. v. DoweTexas Supreme Court · 1888

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