Legal Opinion

People ex rel. Ajas v. Department of Health

Appellate Division of the Supreme Court of the State of New York

Decided May 26, 1910PublishedCited by 3 opinions

Appeal by the relator, Paul A. Ajas, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the dth day of January, 1910, quashing an alternative writ of mandamus.

1Opinion of the Court

Burr, J.:

An. alternative writ of mandamus must contain a statement of the facts constituting the grievance to redress which it is issued. (Code Civ. Proc. § 2076; People ex rel. Post v. Ransom, 2 N. Y. 490.) It may be met either by a demurrer- raising an issue of law or a return raising an issue of fact. (Code Civ. Proc. §§ 2076, 2077; People ex rel. Ackerman v. Lumb, 6 App. Div. 27.) Except' as otherwise expressly prescribed in the Code of Civil Procedure, proceedings,, after issue is joined either upon the law or-upon the facts, are in all respects the same as in an action, and each…

2Cases cited4 opinions

  1. People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
  2. Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
  3. People Ex Rel. Post v. RansomNew York Court of Appeals · 1949
  4. People ex rel. Fogarty v. CassidyAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by3 opinions

  1. Matter of Leitner v. New York Telephone Co.New York Court of Appeals · 1938
  2. Ciasulli v. McNamaraAppellate Division of the Supreme Court of the State of New York · 1950
  3. People ex rel. Brown v. General George A. Custer Garrison No. 2Appellate Division of the Supreme Court of the State of New York · 1916

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