People ex rel. Wright v. Holdredge
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester county. Mandamus by the people, on relation of J. Frank Wright, against Jesse F. Holdredge and others, aldermen of, and composing the common council of, the city of Mt. Vernon, to compel payment of a judgment against the city of Mt. Vernon, with which was consolidated a motion by the city of Mt. Vernon for the vacation of the judgment entitled in the original proceeding.
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Appeal from special term, Westchester county. Mandamus by the people, on relation of J. Frank Wright, against Jesse F. Holdredge and others, aldermen of, and composing the common council of, the city of Mt. Vernon, to compel payment of a judgment against the city of Mt. Vernon, with which was consolidated a motion by the city of Mt. Vernon for the vacation of the judgment entitled in the original proceeding. From an order of the special term granting the motion to enter a peremptory writ of mandamus entitled in the mandamus proceeding, defendants appeal. Action on appeal suspended.
1Opinion of the CourtJenks, J.
The relator in this proceeding has obtained a peremptory writ of mandamus commanding the aldermen who compose the common council of the city of Mt. Vernon to issue a warrant of the city to pay a judgment entered by the relator in an action brought by him against that city in 1898 to recover damages for the removal and destruction of a sewer upon the property of *139the plaintiff. The issues of the action were referred, and after trial the referee dismissed the complaint, and the city entered judgment. Upon plaintiff’s appeal, we reversed the judgment and ordered a new trial. 60 N. Y. Supp. 1017.…
2Cases cited2 opinions
- Ross v. . WiggNew York Court of Appeals · 1885
- Wright v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1899