People ex rel. Dikeman v. President & Trustees of Brooklyn
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Dikeman and Martin obtained an alternative mandamus from the supreme court, directed to the president and trastees of the village of Brooklyn, requiring them to cause a report, which had been made by certain commissioners of estimate and asessment in reference to the opening of a street in Brooklyn, to he filed in the office of the clerk of the county of Bangs, or to show cause.
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Error from the supreme court. Dikeman and Martin obtained an alternative mandamus from the supreme court, directed to the president and trastees of the village of Brooklyn, requiring them to cause a report, which had been made by certain commissioners of estimate and asessment in reference to the opening of a street in Brooklyn, to he filed in the office of the clerk of the county of Bangs, or to show cause. On the coming in of the return to the alternative mandamus, the relators, instead of pleading thereto or putting in a demurrer, applied by motionfoic&peremptory mandamus, which was denied…
1Opinion of the Court
*131The following opinion was delivered:
By the Chancellor.
I have not considered it necessary, to examine this case on the merits, having arrived at the conelusion, that no writ of error to this court lies upon the granting or refusing a mandamus upon a mere motion, where no plea or demurrer to the return has been filed as authorized by the revised statutes relative to writs of mandamus and prohibition. 2 R. S. 586. § 55. The writ of error in the case of The Canal Commissioners, &c. v. The People, ex rel. Tibbits, 5 Wendell, 423, was founded upon a special provision in the act of April, 1827,…
2Cases cited3 opinions
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- People ex rel. Bentley v. Commissioners of Highways of HndsonNew York Supreme Court · 1831
3Cited by13 opinions
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- Blick v. Mercantile Trust & Deposit Co.Court of Appeals of Maryland · 1910
- State v. HudspethSupreme Court of New Jersey · 1896
- State ex rel. McGregor v. YoungSouth Dakota Supreme Court · 1894
- New Haven & Northampton Co. v. StateSupreme Court of Connecticut · 1877
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