Sixth Avenue Railroad v. Gilbert Elevated Railroad
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, vacating and setting aside an order of a judge at chambers, which required defendant, its president and directors, to show cause, upon two days’ notice, why they should not be punished for contempt for violating the provisions of the judgment herein.
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Appeal from order of the General Term of the Superior Court of the city of New York, vacating and setting aside an order of a judge at chambers, which required defendant, its president and directors, to show cause, upon two days’ notice, why they should not be punished for contempt for violating the provisions of the judgment herein. (Reported below, 9 J. & S., 489.) The judgment, among other things, enjoined and restrained defendant from building its contemplated road upon Sixth avenue. Defendant appealed from the judgment, and upon motion procured an order staying all proceedings on the…
1Opinion of the CourtAllen, J.
The principal question considered by the learned counsel for the respective parties upon the hearing of this appeal is not before us. Had the court below refused to hear, or had denied the application for process against the agents and servants of the defendant, for a violation of the injunction awarded by the final judgment in the action, on the ground of a want of power and not in the exercise of a judicial discretion, the decision would, I think, have been reviewable upon appeal to this court. By the appeal, with a stay of proceedings on the part of the plaintiff in execution of the…
2Cases cited3 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- Graves v. MaguireNew York Court of Chancery · 1837
3Cited by3 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- State ex rel. Busch v. DillonSupreme Court of Missouri · 1888
- National Docks &c. Railroad v. Pennsylvania RailroadNew Jersey Court of Chancery · 1896