The People Ex Rel. Negus v. . Dwyer
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 8, 1882, which affirmed an order of Special Term adjudging the defendant to be guilty of contempt “ in wilfully violating ” an injunction order, and imposing a fine and imprisonment as a punishment therefor. (Reported below, 27 Hun, 548.) The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 8, 1882, which affirmed an order of Special Term adjudging the defendant to be guilty of contempt “ in wilfully violating ” an injunction order, and imposing a fine and imprisonment as a punishment therefor. (Reported below, 27 Hun, 548.) The material facts are stated in the opinion. An injunction can only restrain1 parties to an action, and those acting under them as agents, officers and employes. Every person affected by an injunction order has a right to be brought into court so that he…
1Opinion of the CourtFinch, J.
The relator brought an action against the city of Brooklyn, the Brooklyn Elevated Railway Company, and the receivers of that company, the ultimate object of which was to restrain and prevent the occupation of certain streets in the city by the elevated road, and forbid any grant of authority by the city for such occupation. The complaint described the situation as it existed at the commencement of the action. It showed that the Elevated Railway Company was chartered in 1874 and 1875, and authorized to construct and operate an elevated road on certain specified streets and avenues of the city,…
2Cases cited4 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- People v. Mayor of New YorkNew York Supreme Court · 1860
- New York & Brooklyn Saw-Mill & Lumber Co. v. City of BrooklynNew York Court of Appeals · 1878
- Nichols v. MichaelNew York Court of Appeals · 1861
3Cited by64 opinions
- Ungar v. SarafiteSupreme Court of the United States · 1964
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- People Ex Rel. Stearns v. . MarrNew York Court of Appeals · 1905
- Matter of Douglas v. AdelNew York Court of Appeals · 1935
- Colorado Pav. Co. v. MurphyCourt of Appeals for the Eighth Circuit · 1897
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