People ex rel. McClelland v. Dowling
New York Supreme Court
11HIS was an application for a mandamus to compel the . defendants, justices of the court of special sessions in the city of Hew York, to permit the relator to practice, as an attorney at law, in the courts held by them.
1Opinion of the CourtCardozo, J.
It is very well settled, in this State, that a mandamus will not be issued when there is another adequate remedy, but that the converse of that is not invariably true. Therefore, although, except by that writ, a party may be remediless, that does not necessarily require that the writ should issue; but the application for it rests *198in the sound discretion of the court, which will grant or refuse it, according as the issuing or withholding it will best promote the ends of justice. Guided by these simple rules, there can be no difficulty in disposing of this motion. It is plain that a mandamus…
2Cited by5 opinions
- In re BurkeNew York Supreme Court · 1912
- People ex rel. East Side Harlem Storekeepers Ass'n v. HylanNew York Supreme Court · 1922
- People ex rel. H. J. Mullen Contracting Co. v. CraigNew York Supreme Court · 1921
- People ex rel. Ward v. AstenNew York Court of Common Pleas · 1875
- Dodge v. KrossNew York Supreme Court · 1934