People ex rel. Osborne v. Gilon
New York Supreme Court
At chambers. Application by William H. Osborne for mandamus to Edward Gilon and others, assessors of the city of New York, to make certain assessments on property in the names of former owners.
1Opinion of the CourtLawrence, J.
Conceding all the relator states in his moving papers to be true, this is not a proper case, in my opinion, for granting the mandamus which is asked for. The court will not by mandamus direct a quasi judicial tribunal what to do. It can only set the board of assessors in motion where it has refused to act. People v. Common Council, 78 N. Y. 33, and cases cited by Rapallo, J. Here the board of assessors has acted, and has rendered its judgment upon the question referred to in the relator’s affidavits. If the decision of the board of assessors was wrong, mandamus is not the proper remedy for…
2Cases cited4 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- Lathers v. . KeoghNew York Court of Appeals · 1888
- Haight v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- In re TappanNew York Supreme Court · 1869
3Cited by1 opinion
- People ex rel. Bevins v. Board of Sup'rsNew York Supreme Court · 1894