People v. Mayor of New-York
New York Supreme Court
Mandamus case. The relator purchased a term of years in a portion of two lots in the city of New-York, on a sale for taxes, and obtained from the corporation of the city a certificate of sale, bearing date 23d September, 1829-. It is the duty Qr *jle corp0ration to give such certificate on such sale taking place, and at least six months before the expiration of two years after such sale, to cause an advertisement to be published at . . „ , . . . . least once m each week for…
Read the full summary
Mandamus case. The relator purchased a term of years in a portion of two lots in the city of New-York, on a sale for taxes, and obtained from the corporation of the city a certificate of sale, bearing date 23d September, 1829-. It is the duty Qr *jle corp0ration to give such certificate on such sale taking place, and at least six months before the expiration of two years after such sale, to cause an advertisement to be published at . . „ , . . . . least once m each week for four weeks successively in two newspapers, that unless the lands sold are redeemed by a certain day, they will be…
1Opinion of the Court
By the Court,
Nelson, J.
It is contended that a mandamus is not the appropriate remedy in this case. The proposition is, I believe, universally true, that the writ of mandamus will not lie in any case where another legal remedy exists, and it is used” only to prevent a failure of justice. By legal remedy is meant a remedy at law, and though tire party *397might seek redress in chancery, that of itself is not a conclusive objection to the application ; that may and should influence the court in the exercise of the discretion which they possess in granting the writ under the facts and circumstances…
2Cases cited2 opinions
- Sayre v. WisnerNew York Supreme Court · 1832
- Parsons v. ChamberlinNew York Supreme Court · 1830
3Cited by32 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- Remsen v. . BeekmanNew York Court of Appeals · 1862
- Doughty v. HopeNew York Court of Appeals · 1848
- People ex rel. Griffin v. SteeleNew York Supreme Court · 1848
27 more not listed; retrieve them via the Exa API.