People ex rel. Mount Vernon Trust Co. v. Millard
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, The Mount Vernon Trust Company, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the'30th day of March, 1908.
1Opinion of the Court
Jenks, J.:
The relator moved for a. peremptory writ of mandamus. The Special Term made an order denying; the motion for the peremptory writ but directing that an alternative writ issue. . The relator appeals-from that order and from each and every part thereof.. We think that the appeal should be dismissed. In People ex rel. Ackerman v. Lumb (6 App. Div. 26) the relator moved for a per- émptory writ but the Special Term granted an alternative writ, and the respondents- appealed. We -held that the order was not-appeal-able inasmuch as it was iii the nature of an order to show cause, and did not…
2Cases cited2 opinions
- People ex rel. Ackerman v. LumbAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Levenson v. O'DonnelAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Haydorn v. CarrollAppellate Division of the Supreme Court of the State of New York · 1918
- People ex rel. Mount Vernon Trust Co. v. MillardAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Mt. Vernon Trust Co. v. MillardAppellate Division of the Supreme Court of the State of New York · 1908