People Ex Rel. Andrews v. . McGuire
New York Court of Appeals
Appeal from order of the General Tferm of the City Court of Brooklyn, made February 24, 1891, which affirmed an order of Special Term directing a peremptory writ of mandamus to issue. The requirements of the writ and the material facts are stated in the opinion. A mandamus will issue against a public officer only to compel the performance of a duty plainly devolved upon him by law. Flo duty has been by law cast upon the registrar of arrears to cancel a sale.
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Appeal from order of the General Tferm of the City Court of Brooklyn, made February 24, 1891, which affirmed an order of Special Term directing a peremptory writ of mandamus to issue. The requirements of the writ and the material facts are stated in the opinion. A mandamus will issue against a public officer only to compel the performance of a duty plainly devolved upon him by law. Flo duty has been by law cast upon the registrar of arrears to cancel a sale. (Laws of 1888, chap. 583; People v. Thompson, 98 N. Y. 6, 11; People v. Supervisors, 11 id. 563, 575; People v. Hawkins, 46 id. 10.) The…
1Per curiam
The defendant is the registrar of arrears of the city of Brooklyn. On the 18tli of November, 1889, the City Court of Brooklyn made an order, on the application of the relator, directing that a peremptory mandamus issue to him commanding that he forthwith receive from the relator the amount of an assessment lien, apportioned and fixed by the board of assessors, under chapter 114 of the Laws of 1883, upon a lot known as No. 112, block 54 of the 25tli ward assessment map of the city of Brooklyn, with interest on the amount of the assessment from the date of filing the certificate and, upon being…
2Cited by8 opinions
- Goytino v. McAleerCalifornia Court of Appeal · 1906
- People Ex Rel. Staples v. . SohmerNew York Court of Appeals · 1912
- People ex rel. Quaranto v. MoynahanAppellate Division of the Supreme Court of the State of New York · 1912
- Leventhal v. MichaelisNew York Supreme Court · 1961
- People ex rel. National Park Bank v. MetzAppellate Division of the Supreme Court of the State of New York · 1910
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