Legal Opinion

Catlin v. Valentine

New York Court of Chancery

Decided May 3, 1842PublishedCited by 43 opinions

This was an appeal from an order of the vice chancellor of the first circuit denying the defendant’s application to dissolve an injunction. The bill was filed by certain owners of property in the city of New-York, on the east side of the second avenue, to restrain the defendant from electing a slaughter house at the corner of that avenue and fifth street, and from slaughtering any cattle or other animals at that place, or permitting them to be slaughtered there.

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This was an appeal from an order of the vice chancellor of the first circuit denying the defendant’s application to dissolve an injunction. The bill was filed by certain owners of property in the city of New-York, on the east side of the second avenue, to restrain the defendant from electing a slaughter house at the corner of that avenue and fifth street, and from slaughtering any cattle or other animals at that place, or permitting them to be slaughtered there. The injunction was granted ex parte, before the building erected for a slaughter house was completed, and soon after it was…

1Opinion of the Court

The Chancellor.

The situation of the defendant’s building in reference to the dwellings of the complainants, as described in the bill and not denied by the answer, would prima facie render the occupation of such building for the purpose of slaughtering cattle there, a nuisance. And as there is no real necessity that such an offensive business should be carried on in this part of the city, where many valuable dwelling houses of the best kind are already erected and are continuing to be built, the vice chancellor was right in retaining the injunction until the hearing. The answer of the…

2Cited by43 opinions

  1. Campbell v. . SeamanNew York Court of Appeals · 1876
  2. Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
  3. Heeg v. . LichtNew York Court of Appeals · 1880
  4. Burditt v. SwensonTexas Supreme Court · 1856
  5. Ex Parte HadacheckCalifornia Supreme Court · 1913

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