Legal Opinion

People ex rel. Canavan v. Collis

Appellate Division of the Supreme Court of the State of New York

Decided August 15, 1897PublishedCited by 6 opinions

Appeal by "the relators, John Canavan and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the '10th day of Hay, 1897, denying their motion for a peremptory writ of mandamus requiring the respondent to grant them a permit to cross the sidewalk of the east side of Edgecomb avenue with carts and trucks for the purpose of tilling in the property at such place.

1Opinion of the Court

Rumsey, J. :

The relators applied to the commissioner of public works for a permit to cross the sidewalk on the east' side of Edgeeomb avenue, 200 feet north of One Hundred and Forty-fifth street, with carts, and trucks for the purpose of depositing earth upon the property at that place. This permit was refused by the commissioner, whereupon this motion was made for a mandamus to "compel him to’ issue it, and the question presented by the appeal is whether the court at Special Term erred in refusing the mandamus. ' The motion having been made upon affidavits, can only be granted where the…

2Cases cited5 opinions

  1. Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
  2. People Ex Rel. Wood v. Board of Assessors & Collector of TaxesNew York Court of Appeals · 1893
  3. In re Department of Public ParksNew York Supreme Court · 1889
  4. People Ex Rel. Lewis v. . BrushNew York Court of Appeals · 1895
  5. People Ex Rel. McMackin v. . Bd. of PoliceNew York Court of Appeals · 1887

3Cited by6 opinions

  1. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
  2. Suncrest Lumber Co. v. North Carolina Park CommissionDistrict Court, W.D. North Carolina · 1929
  3. Department of Natural Resources v. BrauerAppellate Court of Illinois · 2003
  4. Department of Natural Resources v. BrauerAppellate Court of Illinois · 2003
  5. Department of Natural Resources v. BrauerAppellate Court of Illinois · 2003

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