Legal Opinion

People ex rel. Bean v. Clausen

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1902PublishedCited by 5 opinions

Appeal by the relator, Tarleton H. Bean, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of April, 1901, upon the dismissal upon the merits of an alternative writ of mandamus, after a trial at the New York Trial Term.

1Opinion of the Court

O’Brien, J.:

The relator sought in this proceeding to obtain a peremptory writ of mandamus directing the respondent as commissioner of parks to restore him to the position which he occupied as superintendent of the aquarium at Battery park, from which office he claims he was-unlawfully removed. On the return day of the writ the respondent filed a return denying the material allegations in the petition, whereupon the Special Term directed that an alternative writ .of mandamus issue so that the issues of fact raised by the relator’s petition and the respondent's affidavit might be tried by a…

2Cases cited1 opinion

  1. Birdsall v. . PattersonNew York Court of Appeals · 1872

3Cited by5 opinions

  1. Bean v. ClausenAppellate Division of the Supreme Court of the State of New York · 1906
  2. People ex rel. Ross v. DoolingAppellate Division of the Supreme Court of the State of New York · 1909
  3. People ex rel. Wieland v. KnoxAppellate Division of the Supreme Court of the State of New York · 1903
  4. People ex rel. Geraci v. Italian Ass'n St. Bartholomew Eoliana of Mutual AidAppellate Division of the Supreme Court of the State of New York · 1908
  5. People ex rel. Wieland v. KnoxAppellate Division of the Supreme Court of the State of New York · 1903

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