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116 A.D. 224

Devlin v. McAdoo

Appellate Division of the Supreme Court of the State of New York · decided 1906-12-07

Appeal by the defendants, William McAdoo and others, from an order of the Supreme-Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of August, 1906, denying the defendants’ motion either to vacate an injunction pendente lite granted herein on the 29th day of December, 1905, or for a reargument of the motion for the injunction or for a resettlement of the injunction order by inserting a provision granting…

Decided 1906-12-07

Ingraham, J. (concurring):

¶1The papers in this case illustrate the result of granting injunctions restraining the police officers from making an arrest when the criminal law of the State is violated. Upon granting such an injunction the plaintiff and his agents are allowed to commit crime upon their premises with impunity and the police are powerless as they are enjoined from entering the premises without a warrant, even for the purpose of procuring evidence to show that a crime is committed, and a warrant can only be-obtained upon proof of the commission of the crime. I think a-court of equity has no jurisdiction to entertain such an application, and for that reason I concur in the decision that the order appealed from should be reversed and the injunction vacated.

¶2Scott, J., concurred.

¶3Order'reversed, with ten dollars costs and disbursements, and motion granted, with ten dollar’s costs. Order filed.

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