People ex rel. Egan v. Columbia Club
New York Supreme Court
Application by Patrick J. Egan for an alternative writ of mandamus against the Columbia Club to compel relator’s reinstaiment as a member.
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Application by Patrick J. Egan for an alternative writ of mandamus against the Columbia Club to compel relator’s reinstaiment as a member. The writ was as follows: “ Whereas Patrick J. Egan, the relator in this proceeding, has complained to us that you have un-justly and in violation of law and tile constitution and by-laws of your society expelled him from the Columbia Club; and that, although entitled to be reinstated as a nr-mher of said society, nevertheless you, the said Columbia Club, have unjustly refused to reinstate said Patrick J. I- gan as such member, as we are informed by the…
1Opinion of the CourtLawrence, J.
The demurrer to the writ of alternative mandamus must be sustained. The alternative writ should set forth the facts upon which the relator bases his claim, in the same manner and with the same particularity as he is required to set them forth in a complaint. Code Civil Proc. §§ 2076,1 2082; People v. Baker, 35 Barb. 109; People v. Ransom, 2 N. Y. 494; Gardenier v. Supervisors, 2 N. Y. Supp. 351. The alternative writ in this ease fails to state the facts which show that he has been wrongfully, unjustly, or in violation of the constitution and by-laws of said club, expelled from the club.…
2Cases cited2 opinions
- Ashley v. MarshallNew York Court of Appeals · 1864
- People ex rel. Gardenier v. Board of SupervisorsNew York Supreme Court · 1888
3Cited by1 opinion
- Reynolds v. WilliamsNew York Supreme Court · 1914