The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-12-11

manner they srs BY the ordinance IN question could
have ossn !c,.sd y PLAINTIFFS although their interest
III and lie together the rule undoubtedly that
where persona have common interest In the subject Of
may b joined paintias whom the question u
or common o. general interest OF many persons, or
wns,s me p.rss are very numerous ANA may y ln
more may sue or defend for the benefit Of the whole
AZ before mentioned all the parties IN whose behalf
tns action brought could have been Joined as plain.
sns under section III and section lie Is intended TO
provide fof GASES where all might DO Joined Is pa Nuns
were u not mprsctIcabs bring Them all in because
this action is properly brought 10 The name
Of the PLAINTIFF and others similarly situated and that
wood Code Rap, $40; Smith vs.. Lockwood, IL Barb,
200; Wood Va Draper. : Abbt 1872: Roosevelt w. Var
HaDch, vs. Pembertop ssnd and ss7rlses Mad. en-, VOL
1912 Story Ex Jurs ST., S52 10 500. 925 10 ESQ.,
Dusr, J., In Haocht va Pembertos, sand, o55; held
upon this question as folows:"To enable painiin 10
hriug suit In his right and in behslf OF others
having common interest," i IL not sufficient to allege
that the other parties that Il would be
impraccabIe to bring them in before the court the
nature OF their common appear TO be such
AZ would ente them, were they all before the court 10
maintain their action in their right or IN Their own
II was held 10 Reid Clifford that the -four hundred
persons named In the complaint could have been joined
a. plaintiffs although their interests are separate and
distinct far their tanemens and business pursuits
are concerned. This action be maintained by the
plaintiffs m their own behalf and on behalf OF tho other
persons named because1. The parties are 30 numer-
Gus IL is impractcable 10 bring them al. in 2 To pre-
vent abatement OF the action by death change OF
interest Separate suits would overwhelm courts and
suitors with endiess aud unnecessary litigation. The
parties have common and general interest in tho sub
ect OF the action and In obtaining the relief demanded
am OF opinion that tho action IL properly brought
the names OF the plaintiffs and on behalf OF all others
similarly situated and interested and that the defend
ants should be restrained from Interfering with the
plaintiffs in their business pursuit OF saughtering and
driving cattle and othor ANNALS and should In like
manner be restrained from interfering With the other
persons similarly situated and Interested. Let In
junction issue in conformity with these views Tho
plaintiffs and those similarly situated protected from
the void and illegal Of the defendants but are SUBJ
ject to police inspection, control and regulations In
other words, the Metropolitan Police-not the Board Of
Health-can inspect can control and regulate, within
certain we'll known and well defined limits the PLAINTIFF
business They may do the same in reference TO any
other business pursuit carried 10 this city, The i'm
porance OF the questions involved this matter has
induced TO examine them with all the care and at
tention at my command and consistent with numerous
other engagements pressing upon me-"
Motion granted with costs.