People ex rel. Shook v. Kilburn

The application for a mandamus against the respondent, as Superintendent of Banking, whose office is at the Capitol in Albany, ought to have been made in that or an adjoining county. People ex rel. Cagger v. Supervisors of Schuyler Co., 2 Abb. N. S. 78; Mason v. Willers, 7 Hun, 23. The intimation to the contrary in People ex rel. Davenport v. Rice, 68 Hun, 24, although entitled to great respect, is not controlling, being obiter merely. It can hardly be supposed that the Legislature intended that a public officer, whose duties require his constant attendance at Albany, should be taken to any…