People ex rel. Pierce v. Guggenheimer
Appellate Division of the Supreme Court of the State of New York
Appeal by Joseph Oassidy and others, members of the council of •the city of Hew York, from an order of 'the -Supreme Court, -made .at the Hew York Special Term and -entered in the office of the -clerk of .the county of Hew.York on the 8th day of August, 1899, .-adjudging that Joseph Cassidy, William A. Doyle, Martin F. Conly .and Bernard C. Murray, four members Of the municipal council of rthe-city of HeW York, were-guilty of contempt of court in failing vto comply with the…
Read the full summary
Appeal by Joseph Oassidy and others, members of the council of •the city of Hew York, from an order of 'the -Supreme Court, -made .at the Hew York Special Term and -entered in the office of the -clerk of .the county of Hew.York on the 8th day of August, 1899, .-adjudging that Joseph Cassidy, William A. Doyle, Martin F. Conly .and Bernard C. Murray, four members Of the municipal council of rthe-city of HeW York, were-guilty of contempt of court in failing vto comply with the terms of a peremptory writ of mandamus, directing them and the other .members of .the council to assemble, and authorize…
1Opinion of the Court
Barrett, J.:
The question here is whether the court had jurisdiction to grant the writ. If it had the order appealed from was right.. The appellants contend, and correctly, that a peremptory writ .of mandamus ..cannot.be granted ex parte. It can only be issued upon notice of the-application given “ to the corporation, board or other body, officer, or other person, to which it or to whom it is directed.” (Code Civ. Proc. § 2010.) The appellants were not personally served with notice of the application for the writ. The proceeding was instituted by an order to show cause, and that order was…
2Cited by5 opinions
- Odell v. RihnCalifornia Court of Appeal · 1912
- Carlson v. PodeynNew York Supreme Court · 1960
- People ex rel. Pierce v. BriceNew York Supreme Court · 1901
- Opinion No., Texas Attorney General Reports1982
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1982