People ex. rel. Wiswall v. Judges of Rensselaer Common Pleas
New York Supreme Court
On the 16th day of October, 1846, the Court of Common Pleas of the County of Eensselaer granted to Daniel T. Wendell a license to keep and maintain a ferry from the foot of State-street, in the city of Troy, to the west shore of the Hudson river, for three years.
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On the 16th day of October, 1846, the Court of Common Pleas of the County of Eensselaer granted to Daniel T. Wendell a license to keep and maintain a ferry from the foot of State-street, in the city of Troy, to the west shore of the Hudson river, for three years. At a special term of the Supreme Court held in April, 1847, an order was made directing a writ of alternative mandamus to issue, requiring the Judges of the Eensselaer Common Pleas to vacate the license granted to Wendell, or show cause to the contrary on the first Tuesday of June then next. The next term of the Eensselaer Common…
1Opinion of the Court
Harris, Justice.
The first question which presents itself upon the decision of this case, relates to the regularity of the rule for a peremptory mandamus made on the 10th of June. On the one hand, it is insisted that being in the nature of a rule to show cause, the alternative mandamus should have been served at least eight days before the time specified in the writ. On the other hand, it is contended, that, like any other writ, it may be served at any time on or before the day for showing cause. The practice in this respect does not seem to be distinctly settled. It has been held that the…
2Cases cited3 opinions
- People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
- Commissioners of Highways v. ClawNew York Supreme Court · 1818
- Ex parte Albany Water Works Co. v. Albany Mayor's CourtNew York Supreme Court · 1835
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