McBride v. Murray
New York Supreme Court
Appeal from special term, New York county. Application by Jessie C. McBride for mandamus to Thomas E. Murray, a justice of the district court of the city of New York. From an order denying the application, petitioner appeals.
1Opinion of the Court
TEE CURIAM.
• It is undoubtedly true that a mandamus Will lie to compel an inferior tribunal to decide an action or proceeding pending before it; but where the court or judge or justice disposes of the proceeding by decision, even though such decision he manifestly erroneous, it cannot be reviewed upon mandamus. Cases cited in Fiero, Spec. Proc. p. 56. In the case at bar the justice determined that he had not jurisdiction, and that disposed of the -action or proceeding pending before him. Whether he had jurisdiction or not must be reviewed in the ordinary way. The order appealed from should be…
2Cited by5 opinions
- 609 Holding Corp. v. BurkeNew York Supreme Court · 1952
- Kahn v. BackerAppellate Division of the Supreme Court of the State of New York · 1964
- Kelsey v. ChurchAppellate Division of the Supreme Court of the State of New York · 1906
- Keen v. MirabileNew York Supreme Court · 1965
- Lorberblatt v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1960