People v. Mallory
New York Supreme Court
This action was commenced by the attorney-general for a perpetual injunction, restraining the defendants, Charles H. Mallory & Co., from erecting a shed over pier No. 20, East river, under a permit from the dock department of which the following is a copy: j seal. ) (E | c. 1,360. j “ City op New York, ) Department op Docks, > 346 & 348 Broadway. ) “No. 189. New York, Aug. 19, 1873. “We, the undersigned, Commissioners of the Department of Docks, hereby PERMIT C. H. Mallory &…
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This action was commenced by the attorney-general for a perpetual injunction, restraining the defendants, Charles H. Mallory & Co., from erecting a shed over pier No. 20, East river, under a permit from the dock department of which the following is a copy: j seal. ) (E | c. 1,360. j “ City op New York, ) Department op Docks, > 346 & 348 Broadway. ) “No. 189. New York, Aug. 19, 1873. “We, the undersigned, Commissioners of the Department of Docks, hereby PERMIT C. H. Mallory & Co., during the pleasure of the Board, and in conformity with its rules and regulations, to erect, on Pier 20, E. R., a…
1Opinion of the CourtBrady, J.
The injunction granted in this case was dissolved by Presiding Justice Ingraham, upon a construction of the statute passed in 1871 (chap.' 574), by which he thought the department of docks was invested with power to permit the erection of such a structure as the defendants in this case desired to create. He concedes that prior to that statute, amending, as it did, one passed in 1870 (chap. 137), there was no authority for such erections, the courts having pronounced against them, and the legislature having expressly prohibited their construction.
The question presented in limine, therefore, is…
2Cases cited5 opinions
- People v. LambierNew York Supreme Court · 1847
- Board of Commissioners of Pilots v. ClarkNew York Court of Appeals · 1865
- Sprague v. BirdsallNew York Supreme Court · 1823
- Taylor v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1867
- Hayes v. SymondsNew York Supreme Court · 1850