People on rel. Morton v. Tieman
New York Supreme Court
Motion for a peremptory mandamus. This was an application by the relator who was acting as city inspector of the city of New York, for a writ of mandamus addressed to the mayor of the city, to compel him to countersign a warrant for the payment to the relator, of the salary of city inspector, from the 1st day of January, 1859, at which time the relator’s term of office had expired, and since when he had been holding over.
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Motion for a peremptory mandamus. This was an application by the relator who was acting as city inspector of the city of New York, for a writ of mandamus addressed to the mayor of the city, to compel him to countersign a warrant for the payment to the relator, of the salary of city inspector, from the 1st day of January, 1859, at which time the relator’s term of office had expired, and since when he had been holding over. The alternative writ was granted, and on the return made thereto, the relator moved that a peremptory writ issue.
1Opinion of the CourtW. J. Allen, J.
This proceeding is instituted to compel the defendant to countersign the warrant of the comptroller for the payment of the salary claimed by the relator as “ city inspector” for the months of January and February, 1859. Upon the return to the alternative writ of mandamus, the relator, not controverting the facts stated in such return, move that a peremptory writ issue. There are no disputed facts in the case. Aside from some clerical mistakes as to dates which do not mislead, and are therefore immaterial, the alternative writ presents every fact necessary to a determination of the…
2Cases cited1 opinion
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
3Cited by31 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
- Stott v. City of ChicagoIllinois Supreme Court · 1903
- People ex rel. Stratton v. OultonCalifornia Supreme Court · 1865
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