Legal Opinion
In re Rehe
New York Supreme Court
Decided January 14, 1930Published
1Opinion of the CourtDunne, J.
Petitioners move herein for a peremptory order of mandamus to compel a general inspection of all the books and records of the Pyramid Bond and Mortgage Corporation.
Section 1319 of the Civil Practice Act is to the effect that a peremptory order of mandamus can be granted only where a proposition of law is to be decided. As a consequence, for the purpose of arriving at a proper determination, it is assumed that the allegations of the opposing affidavits are true (People ex rel. Port Chester Savings Bank v. Cromwell, 102 N. Y. 477), and the only averments contained in the petition which can be…
2Cases cited5 opinions
- Knapp v. . the City of BrooklynNew York Court of Appeals · 1884
- People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
- People ex rel. McElwee v. Produce Exchange Trust Co.Appellate Division of the Supreme Court of the State of New York · 1900
- In re CoatsAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Lehman v. Consolidated Fire Alarm Co.Appellate Division of the Supreme Court of the State of New York · 1911