Legal Opinion

Kling v. Walsh

Appellate Division of the Supreme Court of the State of New York

Decided April 19, 1901Published

Appeal from special term, Kings county. Mandamus, on the relation of Martha- Kling, against John J. Walsh, justice, and another. From a judgment denying relator’s motion for a peremptory writ of mandamus, relator appeals.

1Opinion of the CourtJenks, J.

This is an appeal from an order of the special term denying a motion by plaintiff in an action in a municipal court for a peremptory writ of mandamus to a municipal court justice and a municipal court clerk, that the justice should state in a judgment theretofore entered in the action tried before him that the defendant was subject to arrest and imprisonment thereon, and that the clerk should make an entry to that effect in the docket of the judgment, and should also issue an execution in accordance. Application for the relief sought by this proceeding was first made to the justice and to the…

2Cases cited11 opinions

  1. Stannard v. . HubbellNew York Court of Appeals · 1890
  2. Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895
  3. Sibley v. HowardNew York Supreme Court · 1846
  4. Carpenter v. WillettNew York Court of Appeals · 1864
  5. Bracket v. EastmanNew York Supreme Court · 1837

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