People Ex Rel. Corrigan v. . the Mayor, Etc.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 2, 1895, which affirmed an order of Special Term granting a peremptory writ of mandamus, and also affirmed an order denying a motion for a re-argument. On June 11, 1895, an order to show cause why a peremptory manuamus should not issue against the appellants was granted and made returnable on the 15th day of that month.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 2, 1895, which affirmed an order of Special Term granting a peremptory writ of mandamus, and also affirmed an order denying a motion for a re-argument. On June 11, 1895, an order to show cause why a peremptory manuamus should not issue against the appellants was granted and made returnable on the 15th day of that month. The motion was based on an affidavit made by the relator. It was argued June 21st, and on July second an order was entered which, so far as material,' is as follows: “It…
1Opinion of the CourtMartin, J.
Section 2070 of the Code of Civil Procedure provides that a peremptory writ of mandamus may be issued, in the first, instance, where the applicant’s right to the mandamus depends only upon questions of law, and the proper notice has been given. In every other case a peremptory writ cannot be issued until an alternative mandamus has been issued, served and the return day therefor has elapsed. Where, upon motion for a mandamus, opposing affidavits are read which are in conflict with the averments in the affidavits of the relator, and notwithstanding this the relator demands a peremptory writ,…
2Cases cited7 opinions
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- People Ex Rel. Cline v. . RobbNew York Court of Appeals · 1891
- Knapp v. . the City of BrooklynNew York Court of Appeals · 1884
- Phillips v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
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3Cited by96 opinions
- Matter of SteinwayNew York Court of Appeals · 1899
- In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- State v. City of SeattleWashington Supreme Court · 1913
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
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