People ex rel. Lazarus v. Coleman
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Elijah Lazarus, from an order of the Supreme Court, made at the Chemung Special Term and entered in the office of the clerk of the county of Chemung on the 22d day of June, 1904, denying the relator’s application for a peremptory writ of mandamus.
1Opinion of the Court
Chester, J.:
Before considering this appeal- we must determine a motion made by the respondents to dismiss it.
The grounds of the motion are that La France, one of the respondents, has ceased to be a fire commissioner of the city of Elmira; that no demand for the relief sought has been made of Smith, who has been appointed fire commissioner in place of La France, and that there has been no change of parties. It is claimed that the proceeding has abated by reason of this change in the personnel of the board of fire commissioners.
While the proceeding is, in form, against the individuals…
2Cases cited9 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Thompson v. United StatesSupreme Court of the United States · 1881
- People Ex Rel. Broderick v. . MortonNew York Court of Appeals · 1898
- People v. ChampionNew York Supreme Court · 1819
- People ex rel. Boyd v. HertleAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by7 opinions
- People Ex Rel. La Chicotte v. . BestNew York Court of Appeals · 1907
- State Ex Rel. Hammond v. MaxfieldUtah Supreme Court · 1942
- Doolittle v. EckertIdaho Supreme Court · 1933
- People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1910
- Roche v. LambAppellate Division of the Supreme Court of the State of New York · 1970
2 more not listed; retrieve them via the Exa API.