People ex rel. Jennings v. Johnson
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, John Jennings, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 23d day of December, 1913, denying relator’s application for a peremptory writ of mandamus.
1Opinion of the Court
Jenks, P. J.:
The relator moved for an alternative writ of mandamus. The writ was allowed, the defendant made return, the issues were tried at Trial Term, the jury returned its verdict for the relator upon all the facts contained in the writ, but a motion thereupon made for a peremptory writ at Special Term was denied, and the relator appeals from the order of denial.
The verdict of the jury is not before us for review upon the facts, inasmuch as no motion was made for a new trial, an order entered thereupon and appeal taken therefrom. (People ex rel. Berlinger v. Wells; 178 N. Y. 415.) It…
2Cases cited9 opinions
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- Trowbridge v. Stone's Adm'r.West Virginia Supreme Court · 1896
- Ramsay v. . HayesNew York Court of Appeals · 1907
- People Ex Rel. McDonald v. . ClausenNew York Court of Appeals · 1900
- People ex rel. Miller v. SturgisAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by1 opinion
- Piani v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1934