De Leyer v. . Britt
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial-department, entered July 11,1918, directing the issuance of a peremptory writ of mandamns to the defendants, requiring them to prepare and publish a notice of the offices for which candidates will be nominated in September, 1913, at the primaries to be held by the political parties in and for the county of Bronx, and to omit from such notice any reference to the office of justice of the…
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial-department, entered July 11,1918, directing the issuance of a peremptory writ of mandamns to the defendants, requiring them to prepare and publish a notice of the offices for which candidates will be nominated in September, 1913, at the primaries to be held by the political parties in and for the county of Bronx, and to omit from such notice any reference to the office of justice of the City Court of the city of New York; and to furnish official primary ballots, tally sheets, statements of results and…
1Per curiam
The parties. to a question in difference may submit it to the court pursuant to section 1279 of the Code of Civil Procedure if it might be the subject of an action. A mandamus proceeding is not an action, and the Appellate Division, therefore, did not have jurisdic-' tion to direct the issuance of a peremptory writ upon the submission of a controversy pursuant to said section. However, this court has jurisdiction to entertain the appeal. We have examined the question involved because of its public importance and have reached the conclusion that the order should be reversed, with costs, for…
2Cited by3 opinions
- Murphy v. BrittAppellate Division of the Supreme Court of the State of New York · 1914
- Henning v. CamachoAppellate Division of the Supreme Court of the State of New York · 1918
- Adelphi Homes Co. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1926