People ex rel Tremper v. Judges & Supervisors of the County of Ulster
New York Supreme Court
AT the last term, an alternative mandamus had issued, directed to the defendants, and no return having been made, Émott now read an affidavit, stating that it had been served ^ delivering a copy thereof to each of the defendants, and at the same time shewing the original, and moved that a peremPt0i7 mandamus should issue.
1Per curiam
It is not requisite that we should go through ■ the process and delay of rules and attachments, in order to compel a return to the first mandamus. The alternative in it, was intended for the benefit and.convenience of defendants. As the first writ has been regularly served, we may, at. our discretion, order a peremptory mandamus; but as the defendants may not have had a sufficient time to meet together and make their return, we are disposed to allow them a further day for that purpose.
The counsel, thereupon, agreed on the 15th day of April; and the court ..ordered, that if the return was not…
2Cited by7 opinions
- Fisher v. Mayor of CharlestonWest Virginia Supreme Court · 1881
- People ex rel. Knapp v. Judges of the Court of Common PleasNew York Supreme Court · 1825
- Brown v. Assessors of TaxesSupreme Court of New Jersey · 1889
- State ex rel. Drury v. Supervisors of LincolnWisconsin Supreme Court · 1886
- State v. . JonesSupreme Court of North Carolina · 1840
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