In Re Peremptory Mandamus to Manning
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the third judicial department, made at the Septemher term, 1893, which reversed an order of Special Term, directing a peremptory mandamus to issue to James H. Manning, mayor of the city of Albany, commanding him to publish, as required by law, the list of inspectors chosen by the board of election commissioners, created by the act of 1892 (Chap. 171). The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme-Court in the third judicial department, made at the Septemher term, 1893, which reversed an order of Special Term, directing a peremptory mandamus to issue to James H. Manning, mayor of the city of Albany, commanding him to publish, as required by law, the list of inspectors chosen by the board of election commissioners, created by the act of 1892 (Chap. 171). The facts, so far as material, are stated in the opinion. The writ of mandamus, having no office to perform, when there is no legal light that can be enforced or protected by it, an…
1Opinion of the CourtO’Brien, J.
In this proceeding the Special Term made an order on the 6tli of March, 1893, granting a peremptory writ of mandamus commanding James H. Manning, mayor of Albany, forthwith to cause to be published, as required by section fifteen of chapter 171 of the Laws of 1892, in the-official city papers, the lists of Democratic inspectors of election and poll clerks appointed by the board of election commissioners of the city upon the resolution of Charles H. Armatage, the petitioner, and chairman of the board, to serve at a local election to be held in said city April 11, 1893, and for which…
2Cases cited1 opinion
- People Ex Rel. Gray v. . PhillipsNew York Court of Appeals · 1876
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