In re Cullen
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, James R.'Cullen, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of March, 1905, denying the petitioner’s motion for a peremptory writ ■of mandamus.
1Opinion of the Court
Willard Bartlett, J.:
We are not prepared to say that the discretion of the learned judge at Special Term was improperly exercised in this case in denying the appellant’s application for a peremptory writ of mandamus commanding the respondent to install a telephone instrument in the cigar shop of the appellant and to render him the customary telephone service in connection therewith. The writ of mandamus will not issue in cases of doubtful right. (People ex rel. Nicholl v. New York Infant Asylum, 122 N. Y. 190.) Indeed, it may often properly be refused in the exercise of judicial discretion…
2Cases cited1 opinion
- People Ex Rel. Nicholl v. New York Infant AsylumNew York Court of Appeals · 1890
3Cited by7 opinions
- State v. Western Union Telegraph Co.Supreme Court of New Jersey · 1953
- Figari v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1969
- In re BurkeNew York Supreme Court · 1912
- Shillitani v. ValentineNew York Supreme Court · 1945
- Martinelli v. New York Telephone Co.New York Supreme Court · 1954
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