People ex rel. Garbutt v. Rochester & State Line Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, iu the fourth judicial department, modifying and affirming as modified an order of Special Term, imposing a fine upon appellants as for a contempt. (Reported below, 14 Hun,-371.) The alleged contempt was in disobeying a peremptory-writ of mandamus. The writ was directed to the appellants, The Rochester and State Line Railroad Company, and the members of its board of directors.
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Appeal from order of the General Term of the Supreme Court, iu the fourth judicial department, modifying and affirming as modified an order of Special Term, imposing a fine upon appellants as for a contempt. (Reported below, 14 Hun,-371.) The alleged contempt was in disobeying a peremptory-writ of mandamus. The writ was directed to the appellants, The Rochester and State Line Railroad Company, and the members of its board of directors. The requirements of the writ were as follows: “ That upon receipt of this writ you do proceed to build and erect a fence of the height and strength of a…
1Opinion of the CourtRapallo, J.
On the hearing of the application for the peremptory mandamus which was issued in this case, no cause was shown against the granting- of the writ, and no appeal has been taken from the order for its issue. The question of the propriety of that order is not now before us, the present appeal being only from the order adjudging the appellants guilty of contempt in not having obeyed the writ.
It is objected on the part of the appellants that the writ was nugatory and obedience to it was impossible, because it commanded the erection on or before the first of January, 1877, of fences upon such…
2Cases cited2 opinions
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- Becker v. HowardNew York Supreme Court · 1874
3Cited by9 opinions
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- In Re DelgadoSupreme Court of the United States · 1891
- Bennett Bros. v. Floyd Bennett Farmers Market Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Whitman v. HainesNew York Supreme Court · 1889
- Alfonso v. RossoCivil Court of the City of New York · 1987
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