People Ex Rel. Lentilhon v. . Coler
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made May 17, 1901, affirming an order of Special Term denying a motion for a peremptory writ of mandamus directing the defendant to deliver to the relator a warrant on the chamberlain of the city of Hew York for an amount alleged to be due him under a contract with.said city. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made May 17, 1901, affirming an order of Special Term denying a motion for a peremptory writ of mandamus directing the defendant to deliver to the relator a warrant on the chamberlain of the city of Hew York for an amount alleged to be due him under a contract with.said city. The facts, so far as material, are stated in the opinion. The discretion of the Supreme Court to grant or refuse a writ of mandamus is not absolute, but is governed by legal rules, and. the order denying the motion is re…
1Opinion of the CourtJSaetlett, J.
Application was made to the Supreme Court for a common-law writ of mandamus requiring the defendant, as comptroller of the city of 27ew York, to draw his warrant for a sum that the relator claimed to be due him. The Special Term denied the writ, the Appellate Division affirmed, and, as it does not appear in the order that the writ was refused on a question of law only, this court must assume that it was denied in the proper exercise of the discretion of the Supreme Court, which cannot be reviewed here. (People ex rel. D. L. I. Co. v. Jeroloman, 139 N. Y. 14; People ex rel. Jacobus v. Van…
2Cases cited7 opinions
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
- People Ex Rel. Durant Land Improvement Co. v. JerolomanNew York Court of Appeals · 1893
- Matter of HartNew York Court of Appeals · 1899
- People Ex Rel. Steinson v. . Bd. of EducationNew York Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ryan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1906
- People ex rel. H. J. Mullen Contracting Co. v. CraigNew York Supreme Court · 1921
- Ryan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Jones v. GreeffAppellate Division of the Supreme Court of the State of New York · 1934
6 more not listed; retrieve them via the Exa API.