Radcliffe v. Livingston

Order directing that a peremptory order of mandamus issue modified by directing that an alternative order of mandamus issue, and as so modified affirmed, without costs. The disputed questions of fact preclude the granting of a peremptory order herein. The allegations of fact respecting the alleged invalidity of the ordinance are very meagre but they should be inquired into and passed upon in order that the invalidity or validity of the ordinance may be determined. The issues with respect to the expenditure of moneys by the petitioner, if the latter become material as a result of the…