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Keith Proctor Amusement Co. v. Bingham. No. 1

Appellate Division of the Supreme Court of New York, First Department
May 8, 1908
125 App. Div. 791 (N.Y. App. Div. 1908)

Opinion

May 8, 1908.

Theodore Connoly, for the appellants.

Maurice Goodman, for the respondent.


The question here is the same as that presented in the case of Shepard v. Bingham (125 App. Div.. 784), decided herewith. In this case the whole police department were enjoined so long as the plaintiff's entertainment shall be given in such a manner as not to disturb the public peace or amount to a serious interruption of the repose and religious liberty of the community. There would thus seem to be imposed upon the police officers the question of determining whether a performance of the plaintiff would be a serious interruption of the repose and religious liberty of the community, with the danger of a commitment for a contempt in case they should disagree with the court as to whether there was such an interruption.

The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion for an injunction denied, with ten dollars costs.

McLAUGHLIN, CLARKE and SCOTT, JJ., concurred; LAUGHLIN, J., in memorandum.


I concur in the reversal of the injunction order in this case upon the grounds stated in my concurring memorandum in Eden Musee American Co., Ltd., v. Bingham ( 125 App. Div. 780, 784), argued and decided herewith, which apply to the facts here presented.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.


Summaries of

Keith Proctor Amusement Co. v. Bingham. No. 1

Appellate Division of the Supreme Court of New York, First Department
May 8, 1908
125 App. Div. 791 (N.Y. App. Div. 1908)
Case details for

Keith Proctor Amusement Co. v. Bingham. No. 1

Case Details

Full title:KEITH PROCTOR AMUSEMENT COMPANY, Respondent, v . THEODORE A. BINGHAM, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 8, 1908

Citations

125 App. Div. 791 (N.Y. App. Div. 1908)
110 N.Y.S. 219

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