People ex rel. Sunderlin v. Ovenshire
New York Supreme Court
Appeal from an order made by the special term in Yates-county, on motion of the relator ordering a further return to the alternative writ of mandamus issued in this case.
1Opinion of the Court
By the court, Talcott, J.
The alternative writ of 'man-‘damns in this case, besides the matters which are presumed properly to come within the official cognizance of the *165•defendant, was stuffed with long recitals touching the acts •of third parties, at different times, and of which the defendant had not necessarily any official knowledge, and, amongst •other things, the alternative writ, contains the history of a suit in the supreme court between certain parties, and which is stated to have involved the question or some of the questions touching the legal existence of the highway, which it is…
Also in this document: Concurrence.
2Cases cited3 opinions
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- People ex rel. Dikeman v. President & Trustees of BrooklynCourt for the Trial of Impeachments and Correction of Errors · 1834
- People ex rel. Musgrove v. New-York Common PleasNew York Supreme Court · 1832
3Cited by1 opinion
- People ex rel. Lester v. MitchellNew York Supreme Court · 1891