People Ex Rel. McDonald v. . Clausen
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made April 12, 1900, reversing an order of Special Term granting a peremptory writ of mandamus directing that the relator be reinstated in the position of superintendent of the Harlem Kiver Driveway. The facts, so far as material, are stated in the opinion. The order of reversal is appealable to this court. (Van Tassel v. Wood, 76 N. Y. 614; Otten v. M. Ry.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made April 12, 1900, reversing an order of Special Term granting a peremptory writ of mandamus directing that the relator be reinstated in the position of superintendent of the Harlem Kiver Driveway. The facts, so far as material, are stated in the opinion. The order of reversal is appealable to this court. (Van Tassel v. Wood, 76 N. Y. 614; Otten v. M. Ry. Co. 150 N. Y. 395.)
1Opinion of the CourtHaight, J.
An alternative writ of mandamus was first issued, to which the defendant made a return putting in issue many of the allegations of the alternative writ. The issues so raised were tried before a jury and a verdict was rendered in favor of the relator, upon which a peremptory writ of mandamus was issued. A motion was then made by the defendant for a new trial upon all the grounds mentioned in section 999 of the Code, which was denied. Thereupon an appeal was taken to the Appellate Division from both orders and they were reversed and a new trial of the issues granted. The relator then appealed…
2Cases cited10 opinions
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Chapman v. . ComstockNew York Court of Appeals · 1892
- People ex rel. Coveney v. KearnyAppellate Division of the Supreme Court of the State of New York · 1899
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1897
- Chapman v. . LynchNew York Court of Appeals · 1898
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3Cited by6 opinions
- Matter of Small v. MossNew York Court of Appeals · 1938
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
- Cooper v. ParisNew York Supreme Court · 1911
- Carroll v. MurrayNew York Supreme Court · 1927
- People ex rel. Jennings v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1914
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