Trojan Railway Company v. . Mann
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 1, 1908, which reversed an interlocutory judgment of Special Term sustaining demurrers to the complaint and an order denying a motion to continue a preliminary injunction, overruled such demurrers and granted such motion in an action to restrain the defendant mayor from executing and delivering to the defendant United Traction Company a certain…
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 1, 1908, which reversed an interlocutory judgment of Special Term sustaining demurrers to the complaint and an order denying a motion to continue a preliminary injunction, overruled such demurrers and granted such motion in an action to restrain the defendant mayor from executing and delivering to the defendant United Traction Company a certain franchise for the construction of a street railway. The following question was certified: “ Does the complaint herein…
1Opinion of the Court
Order affirmed, with costs, and question certified answered in the affirmative, on authority • of the case of Village of Phœnix v. Gannon (195 N. Y. 471).
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Werner and Hiscock, JJ.
2Cases cited1 opinion
- Village of Phoenix v. . GannonNew York Court of Appeals · 1909
3Cited by1 opinion
- Yonkers Railroad v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1926