Hoey v. . Gilroy
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of ¡New York, entered upon an order made April 20, 1891, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, vacated an injunction and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The ordinance of the .common council was valid.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of ¡New York, entered upon an order made April 20, 1891, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, vacated an injunction and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The ordinance of the .common council was valid. (Laws of 1882, chap. 410, § 86 ; Laws of 1813, chap. 86; Laws of 1870, chap. 137; Laws of 1875, chap. 335; Laws of 1888, chaps. 37, 214; Laws of 1872,…
1Opinion of the CourtO’Brien, J.
The plaintiff brought this action as president of the Adams Express Company, an unincorporated association composed of more than seven persons, to enjoin the defendants from removing an awning or structure in front of the place of business used by the plaintiff’s company, in the city of Hew York. The defendants are the public officers of the city, having power to remove obstructions unlawfully placed or kept in the public streets of the city. The Special Term sustained the action and enjoined the defendants from removing or interfering with the structure, but the General Tenu has reversed the…
2Cases cited2 opinions
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
- Hume v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
3Cited by57 opinions
- People v. Mobil Oil Corp.New York Court of Appeals · 1979
- City of New York v. . RiceNew York Court of Appeals · 1910
- In re Rouse, Hazard & Co.Court of Appeals for the Seventh Circuit · 1899
- Wormser v. . BrownNew York Court of Appeals · 1896
- Kelly v. DeweySupreme Court of Connecticut · 1930
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