Legal Opinion

People v. Equity Gas Light Co.

New York Court of Appeals

Decided February 6, 1894PublishedCited by 10 opinions

Appeal by the defendant, the Equity Gas Works Construction Company, from judgment of the General Term of the City Court of Brooklyn, entered upon an order made April 5, 1893, which affirmed an interlocutory judgment in favor of plaintiff entered upon an order of Special Term overruling demurrers by said defendant and the defendant John Devlin to the complaint. The nature of the action and the facts, so far as material, are set forth in the opinion.

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Appeal by the defendant, the Equity Gas Works Construction Company, from judgment of the General Term of the City Court of Brooklyn, entered upon an order made April 5, 1893, which affirmed an interlocutory judgment in favor of plaintiff entered upon an order of Special Term overruling demurrers by said defendant and the defendant John Devlin to the complaint. The nature of the action and the facts, so far as material, are set forth in the opinion. The complaint fails to state facts sufficient to constitute a cause of action. (B. S. T. Co. v. Brooklyn, 78 N. Y. 524 ; People v. T. H. Co., 44…

1Opinion of the CourtBartlett, J.

The appeal is from a judgment of the general term of the City Court of Brooklyn, affirming an interlocutory judgment of the special term, overruling demurrer of the defendant, the Equity Gas Works Construction Company, to the complaint in this action.

This is a suit in equity brought by the attorney-general,, upon his own information, to restrain the defendants from opening the streets of the city of Brooklyn and laying gas pipes therein. The complaint alleges the incorporation of the defendant, the Equity Gas Light Company, under an act of 1848, entitled “ An act to authorize the formation of…

2Cases cited3 opinions

  1. Attorney General v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1878
  2. Attorney General v. Tudor Ice Co.Massachusetts Supreme Judicial Court · 1870
  3. Bay State Brick Co. v. FosterMassachusetts Supreme Judicial Court · 1874

3Cited by10 opinions

  1. Southern Leasing Co. v. . LudwigNew York Court of Appeals · 1916
  2. Attorney-General v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1908
  3. State ex rel. Hartung v. City of MilwaukeeWisconsin Supreme Court · 1899
  4. Blanshard v. City of New YorkNew York Supreme Court · 1931
  5. State v. O'LearyIndiana Supreme Court · 1900

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