People ex rel. Hofeller v. Buck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George S. Buck and others, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 24th day of February, 1920, granting a peremptory writ of mandamus.
1Opinion of the Court
Hubbs, J.:
This is an appeal from an order of the Special Term granting a peremptory writ of mandamus requiring the removal of twenty-five news-stands from the public streets of the city of Buffalo. No question is made here but what the action was properly brought by the plaintiff or as to the jurisdiction of the court. It is the contention of the appellants that an alternative writ, rather than a peremptory writ, should have been granted. There is no dispute about the size of the stands or their location. The argument of the appellants that an alternative writ should have been issued is based…
2Cases cited6 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- Hofeler v. BuckNew York Supreme Court · 1920
- Shipston v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1919
- People ex rel. Pumpyansky v. KeatingAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by18 opinions
- Lowth v. Town Of CheektowagaCourt of Appeals for the Second Circuit · 1996
- Lowth v. Town of CheektowagaCourt of Appeals for the Second Circuit · 1996
- Cowin v. City of WaterlooSupreme Court of Iowa · 1946
- Yerry v. GoodsellAppellate Division of the Supreme Court of the State of New York · 1957
- Kahabka v. SchwabAppellate Division of the Supreme Court of the State of New York · 1923
13 more not listed; retrieve them via the Exa API.