New York Court of Appeals
The People, on the Relation of Davis and Palmer, Against Sturtevant.
December 5, 18539 N.Y. 263
Summary
The New York Court of Appeals affirmed the lower court's contempt judgment and upheld the injunction restraining the mayor, aldermen and commonalty from granting a railroad right on Broadway. It held that the superior court had jurisdiction, that the injunction, even if erroneous, is voidable not void, that service on the mayor satisfied statutory requirements, that the injunction binds all agents of the corporation who have notice, and that the council's resolution constituted a prohibited grant.