Legal Opinion

Colby v. Bingham

New York Supreme Court

Decided February 15, 1909PublishedCited by 1 opinion

Application for an injunction.

1Opinion of the CourtErlanger, J.

By this application it is not sought to restrain the police commissioner from enforcing the criminal law, nor in any way to interfere with him in the performance of his duties; but it is aimed to prevent the defendant Bingham, as police commissioner, and the "defendant Daly, as police captain, from pursuing a course of conduct which, if the facts stated by plaintiff are true, presents a case of gross and brutal oppression and in the last degree an assumption *398of authority which the defendants do not possess. Without charging the plaintiff with the commission of a crime, or presenting to a…

2Cases cited2 opinions

  1. People v. . GlennonNew York Court of Appeals · 1903
  2. Phelps v. McAdooNew York Supreme Court · 1905

3Cited by1 opinion

  1. People v. Di CarloAppellate Division of the Supreme Court of the State of New York · 1946

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