New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-04-30
THE POLICE CONTEST.
THE FIRST INJUNCTION DISSOLVED.
sEPREME COURT-sPvciAL TKRm-APRiL as.-Bef~
yodee DAWES

SEPREME COCkT-SPEctAL TERA-APRfL A-befN
yudee DAWES
MOTION FOR PRgLInIsARY INJUNCTION.
Fernando Wood Al. Simeon Draper and others
Dawes, J.-This motion has been argued with u
ability commensurate with ts importance, and VIII
the high standing at the bar Of the distinguished eous
rel employed in the case.
The plaintiff files his complaint in this cause T.
legng therein that he IL taxpayer of the City Of New
York, and of the corporators thereof; and Prsy
that the defendants may be restrained from the er.
eeuiiou of statute which he alleges TO be uncousta'
Gonal and void.
The relief demanded in the complaint, which i
competent for this Court to grant in proper csss
perpetual injunction restraining the defendants from
the execution Of the ac'.
The authority for this Court to interfere by VA
of preliminary Injunction is acquired by Sec 2l9 Of tb
Code. 1t authorizes the Court when it shall appears
by the complaint that the plaintiff is entitled 10 s
relief demanded and that such relief any part there
Of consists in restraining the commission Of any act the
commission Of which during tho litigation, would pro-
duce injury to the plaintiff or where during the htgs-
ton il shall appear that the defendant is dolng or
about to do some act in violation OF the pls,ntn
nights, and tending TO render the Judgment icuectss
temporary injunction may be granted "a RESTRAIN
such act 1t is not granted when the plaintiff !. CO.
titled To any rehef but TO the relief demanded ~ by
the law II stood before the Code, the plaintiff had
right 10 the relief sought IN ruit in BIZ osn name,
he has none the section does not profess 70 et
tend tie relief which The plaintiff might claim m sucn
a sut II the only fnsl relief which he demands
judgment for Injunction las In this easel, be mus
show that by the law IT stood before he was enuea
to that relief. Chemical Bank sgt. The Mayor, &c,
u How. Pr. Rep. E6.D
II is weN settled IL this Court that when the plain
tiff appears to be entitled to decree or Perpstua
Injunction. be may also have temporary inlunctica
a.adente te provided it Is necessary ~ protect HIM
from injury Corning agt. Troy Iron and Nail Facs@y
The srst question, Therefore to be disposed Of Is h
the ns;ntif such standing in this Court as entides
bin to the relief claimed in the complaint,
The plaintiff alleges, and it s noe denied, that Be
thereof The meaning and extsn. Of this avermsa
are that he contributes to the taxes raised In this CITY,
and IL a member Of the Corporation thereof and "
such is interested in the corporate property.
BY being taxpayer he has contributed 10 the taIa
already raised and collected therein and s liable
be osseseed and to pay his slquot part by wsys
taxation, TO lquidate and discharge any additions
burdens which may De imposed upon the taS-paym
OF said city. AS corporator, he u part owner
all properly real and personal owned BY the CG,
to be made Of it.
The complaint sets forth the act Of the Legislature
this State, passed April g. 1857 entitled An act to 81
" tablsh Metropolitan Police District, ana 70 proves
- for the government thereof I'M ac' oIgsnisJ
the Counties Of New.Y0k, Kings, Wsschsse-r, am
into a District 10 be called The Metro
" pcii:an Police District Of the State of New-Y0t,
AID directs the appointment Of five Commissioner by
thu Governor and senate who with the Mayors Of the
cities Of New-York and Brooklyn, esofc are tofem
a Board Of Police Commissioners. such Board 70
10 appoint various officers 70 AID them ~
prererving order and performing thxa s.es imposed
upon them by the said act, viz: general suPena'
tendent of police, and two deputy superintendent
five surgeons Of police, and many inspectors or cap
tsls Of police not to exceed forty; 20 many nergesnn
If roIce not 10 exceed ore hundred and fifty, and
mary police patrolmen, as may be determined ong
the supervisors Of the County Of New-York, a. the
ro.rcl trce of said county; and 50 many patrolmes
Tor tie City Of Brooklyn and for the County u Me-
bot included in said city, and ior the Counties o.
hester and Richmopda as the Common Council OF sa,a
lily ard Boards Of Supervisors Of aid conntes sass
determine. Until otherwise provided, The existing ~
ce lorce in the Cities Of New-York and Bsockiys'~