People Ex Rel. Lower v. . Donovan
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 12, 1892, which affirmed an order of Special Term convicting the defendant of contempt. The nature of the proceeding and the facts, so far as material, are stated in the opinion. There can be no contempt found for disobedience of a writ of mandamus unless it is shown to have been properly served upon the person alleged to be in contempt.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 12, 1892, which affirmed an order of Special Term convicting the defendant of contempt. The nature of the proceeding and the facts, so far as material, are stated in the opinion. There can be no contempt found for disobedience of a writ of mandamus unless it is shown to have been properly served upon the person alleged to be in contempt. (People ex rel. v. Fisk, 1 Hun, 467; Code Civ. Pro. § 2071.) The copy of the affidavit and order to show cause which were the only papers served on…
1Opinion of the CourtAndrews, J.
On the 3d day of November, 1891, the day of the general election in this state, the Honorable A. B. Lawrence, one of the justices of the Supreme Court, upon application made to him at his chambers in the city of New York, in behalf of the relator, a duly qualified elector of the 7th election district of the 2d Assembly district of that city, made an order reqtiiring the inspectors in that election district to show cause before him at the court house in said city at 3 o’clock p. m., of that day, why a writ of peremptory mandamus should not be issued commanding and requiring them to permit the…
2Cited by14 opinions
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- Fish v. HornNew York Court of Appeals · 1964
- People ex rel. Sabbeth v. SabbethNew York Supreme Court · 1956
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