People ex rel. Pumpyansky v. Keating
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, David Pumpyanslcy, from an order of the Supreme Court; made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of April, 1901, denying the relator’s motion for a peremptory writ of mandamus.
1Dissent
Laughlin, J. (dissenting):
It is not clearly shown that the news stand constituted an unlawful obstruction of the public street or is a nuisance per se, and the refusal of the court to award the writ of mandamus was the exercise of a sound judicial discretion.
The ordinance under- which the license was,, in form at least, regularly issued, was lawfully enacted at a time when there was express legislative authority therefor (Laws of 1882, chap. 410, § 86, subd. 3, as amd. by Laws of 1888, chap. 115, as further amd. by Laws of 1896, chap. 118), and it still remains upon the records of municipal…
2Cases cited7 opinions
- People Ex Rel. Wood v. Board of Assessors & Collector of TaxesNew York Court of Appeals · 1893
- Chamberlain v. City of EvansvilleIndiana Supreme Court · 1881
- People Ex Rel. McMackin v. . Bd. of PoliceNew York Court of Appeals · 1887
- Tinkham v. . TapscottNew York Court of Appeals · 1858
- In Re Bohnet v. . the Mayor, Etc.New York Court of Appeals · 1896
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