People ex rel. Terwilliger v. Chamberlain
Appellate Division of the Supreme Court of the State of New York
Appeal by Browning, King & 'Company, intervenor, 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 6th day of Hay, 1910, granting a peremptory writ of mandamus.
1Opinion of the CourtScott, J.
I am in favor of a reversal of the order appealed from and the denial of the motion for a mandamus, but am not prepared to concur with the reasons for that disposition of the appeal given by my brother Dowling. It is conceded that there is no provision of law authorizing the payment into court at the time that the relator made his payment. Therefore, the clerk was under no obligation to receive the money; and, in receiving it, acted outside of any duty imposed upon him by law. Hence, he did not receive it, nor does he hold it in his official capacity as clerk, but merely as a stakeholder…
2Cases cited1 opinion
- Flewwellin v. LentAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by7 opinions
- Maxwell v. E. SimonsCivil Court of the City of New York · 1973
- Browning, King Co. v. . ChamberlainNew York Court of Appeals · 1914
- People ex rel. Luke v. NuhnNew York Supreme Court · 1915
- Browning, King & Co. v. ChamberlainAppellate Division of the Supreme Court of the State of New York · 1912
- In re BalducciAppellate Division of the Supreme Court of the State of New York · 1921
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