People Ex Rel. McMackin v. . Bd. of Police
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 10, 1887, which overruled a demurrer interposed by the relators to returns made to an alternative writ of mcmdamus ; also appeal from said order, which, in addition to directing judgment, denied a motion to strike out a return made by two members of the Board of Bolice, defendant, and affirmed an order of Special Term denying a motion, made on…
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 10, 1887, which overruled a demurrer interposed by the relators to returns made to an alternative writ of mcmdamus ; also appeal from said order, which, in addition to directing judgment, denied a motion to strike out a return made by two members of the Board of Bolice, defendant, and affirmed an order of Special Term denying a motion, made on return of an order to show cause for a peremptory writ of mcmdamus. The relators, who claimed to be the representatives of…
1Opinion of the CourtPeckham, J.
The remedy by mandamus is of an exceptional character, and the writ issues only in that class of cases where a clear legal right is made to appear and there is no other adequate and legal means to obtain it. The granting or refusing the writ, especially where it is asked against public officers to compel the performance of an alleged public duty, is somewhat a matter of discretion. ' '
These principles are elementary and require the citation of no authorities for their support.
In the proceeding at bar the writ is not asked for to establish or maintain any private right or interest, but the…
2Cited by27 opinions
- Matter of Whitman. No. 1New York Court of Appeals · 1918
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- Comley, State's Attorney, Ex Rel. Rowell v. BoyleSupreme Court of Connecticut · 1932
- United States v. MalminCourt of Appeals for the Third Circuit · 1921
- Lauritsen v. SewardSupreme Court of Minnesota · 1906
22 more not listed; retrieve them via the Exa API.