Legal Opinion

People ex rel. Lower v. Donovan

New York Court of Appeals

Decided October 15, 1892Published

Appeal from an order of the General Term of the First Department, affirming an order of the Special Term ■which punished the appellant for contempt of court in having refused to comply with a peremptory writ of mandamus. The mandamus proceedings were instituted By the People, etc., on the relation of Horace M. Lower against Timothy J. Donovan, an inspector of election, to compel the latter to allow the relator to vote.

Read the full summary

Appeal from an order of the General Term of the First Department, affirming an order of the Special Term ■which punished the appellant for contempt of court in having refused to comply with a peremptory writ of mandamus. The mandamus proceedings were instituted By the People, etc., on the relation of Horace M. Lower against Timothy J. Donovan, an inspector of election, to compel the latter to allow the relator to vote. The General Term, in affirming the order of the Special Term, punishing the respondent for disobedience to the writ, held that section 4 of the Laws of 1842—providing that no…

1Opinion of the CourtAndrews, J.

On November 3, 1891, the day of the general election in this State, the Honorable A. R. 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 2nd assembly district of that city, made an order requiring 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 relator to…

2Cases cited28 opinions

  1. Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
  2. Merritt v. . EarleNew York Court of Appeals · 1864
  3. Jackson ex dem. Woodruff v. GilchristNew York Supreme Court · 1818
  4. Wood v. City of BrooklynNew York Supreme Court · 1852
  5. King v. . PlattNew York Court of Appeals · 1867

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API