People ex rel. Goldstein v. Bolte
New York Supreme Court
Mandamus by the people, on the relation of one Goldstein, against Herman Bolte, as justice of the municipal court of the city of New York. Denied.
1Opinion of the CourtLeventritt, J.
It is elementary that a mandamus will issue only where there is a clear, legal right without adequate legal remedy. People v. Railroad Co., 63 How. Prac. 291, 296; Clark v. Miller, 54 N. Y. 528, 534. By the long-approved practice of this court, the alleged wrongful refusal of a justice of the former district or the present municipal court to order removal of a cause to the old common *74pleas or the present city court was adequately remedied by appeal. Hogan v. Devlin, 2 Daly, 184; People v. Fourth Dist. Ct., 13 Civ. Proc. R. 134; O’Connor v. Moschowitz, 48 How. Prac. 451; Warren v. Campbell…
2Cases cited6 opinions
- Clark v. . MillerNew York Court of Appeals · 1874
- Hogan v. DevlinNew York Court of Common Pleas · 1867
- Warren v. CampbellNew York Court of Common Pleas · 1891
- O'Connor v. MoschowitzNew York Court of Common Pleas · 1875
- People v. New York, Lake Erie & WesternNew York Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People ex rel. O'BRIEN v. BolteNew York Supreme Court · 1900